GUNDA VISHVANADHAM Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) PETITIONER purchased Ac. 1-30 cents in S. No. 300 of Kallur Gram Panchayat with 60' x 80' dimensions under a registered sale deed dated 13-5-1974. As per the Master Plan prepared for Kurnool including the Kallur Gram Panchayat a 60' wide road has to pass through the land in S. No. 299 and according to the petitioner no road was proposed through S. No. 300 in that master plan. A neighbouring land owner of the petitioner had after obtaining approval from the kallur Gram Panchayat constructed godowns and leased it out to the Food corporation of India in or around 1978. Subsequently petitioner also made an application to the Kallur Gram Panchayat for permission to construct godowns in his own land which was sanctioned on 29. 11. 1987. But due to his personal reasons he could not proceed with the construction of the godowns. When he contemplated to sell the land to meet his family expenses, he heard rumors that a 30' wide road would be passing through his land and so when he enquired with the third respondent (Municipal Corporation, Kurnool), it, in order to find out the truth of that rumor, addressed a letter dated 17. 01. 2003 to the second respondent (Director of Town and Country Planning) enclosing the remarks of the Town planning Department that no Master Plan in which a 60' wide road passes through s. No. 300 is there with it and the road passes through S. No. 299 only. Second respondent vide the letter dated 26. 02. 2003 asked the 3rd respondent to verify lp No. 161/1987 and the actual ground position, whereupon third respondent sent a reply dated 09. 05. 2003 to the second respondent reiterating that there is no master Plan effecting the land of the petitioner in S. No. 300, as the road is to pass through only S. No. 299. Vide proceedings dated 16. 06. 2003 second respondent stated that in view of the variations made in the Master Plan 60ft wide road passes through the land of the petitioner and that fact should be taken note of by all the authorities concerned. Third respondent informed that fact to the petitioner through the endorsement dated 12. 07. 2003. The case of the petitioner is that inasmuch as the alterations made in the plan were without following the procedure contemplated by Section 15 (2) of the A. P. Town Planning Act, 1920 (the act) under Rule 72 of the Rules made under the Act, alteration of the Master plan is invalid.

(2.) NO counter affidavit is filed on behalf of the first respondent.

(3.) IN the counter affidavit filed on behalf of the second respondent it is stated that the Master Plan for Kallur village was sanctioned vide G. O. Ms. No. 158 m. A. dt. 26. 3. 76 under Section 14 of the Act. As the owners of the land in r. S. nos. 300p, 301a, 301b, 302, 304, 305, 306, 307p, 308p, 411/1, 412p and 430 f/p of Kalluru village requested for change of land use from Heavy Industrial and Residential use to commercial use and for realignment of 60'-0' wide Master plan road, and as the Government agreed for the said change of land use, the town Planning Department prepared a draft variation plan in G. T. P. No. 12/85 changing the use of the land in the earlier sanctioned Master Plan, realigning the 60' wide road. Objections and suggestions from public were called for in respect of the draft variation under Section 15 (2) (b) of the Act. As no objections and suggestions were received, order confirming the variation was issued vide G. O. Ms. No. 289 M. A. dt. 13. 6. 86 and the same was published in the A. P. Gazette part-I dated 10. 07. 86, basing on which the Town Planning Department issued a lay out L. P. No. 352/87 (revision of L. P. No. 161/87) in S. Nos. 300/1b (P), 300/2 (P) and 300/3b (P) of Kallur village, Kurnool District, as per the variations made in the G. T. P Scheme (Master Plan) by the Government. After the commissioner of the Kurnool Municipality had along with his letter dated 17. 01. 2003 forwarded the application of the petitioner for realignment of 60 feet wide Master Plan Road, the Town and Country Planning office scrutinized the proposals and observed that the 60 feet wide road is passing partly through the land of the petitioner to a depth of 30 feet as per G. T. P. No. 12/85 as per the variations made to Master Plan of Kurnool town, as approved by the Government. Petitioner who did not raise any objection to the proposed variation to the master Plan, cannot complain against the modifications in the Master Plan, is not entitled to any relief.