LAWS(APH)-2008-11-94

B LNAGI REDDY Vs. YEMMIGANUR MUNICIPALITY

Decided On November 27, 2008
B LNAGI REDDY Appellant
V/S
YEMMIGANUR MUNICIPALITY Respondents

JUDGEMENT

(1.) THIS case presents an instance, as to how the District Collector, Joint Collector, Kumool, and the Yemmiganur Municipality have brought into existence a slum in the midst of Municipality, in gross misuse of their powers.

(2.) SRI Anjaneyaswamy Temple in the Yemmiganur Town owned land in Sy. No. 317. With a view to pool resources, and obviously to avoid encroachments over the land, it approached the Director of Town Planning, and other Authorities for sanction of a layout. The layout was sanctioned in the year 1978, and plots were sold by conducting public auction. An extent of 55 cents was left for park and playground in the lay-out. The petitioner purchased Plot No. 11.

(3.) THE petitioner states that even before necessary steps could be taken, the open land was encroached by various persons and a slum has come into existence. He contends that a place, which is earmarked for playground, and which could not be put to any other use, even by the owners of the land; cannot be permitted to be allotted, as house sites.