MAYURI NAGAR WEL. ASSN. Vs. STATE

JUDGEMENT

(1.) This writ petition is filed seeking a writ of mandamus declaring the action of the second respondent in proposing to sell parts of the land in Miyapur residential complex earmarked as open areas and amenities in the approved plan of the lay out in Sy.No.159, 28/1 and 20 of Miyapur, Serilingampally Mandal, Ranga Reddy District, through E-Auction-cum-E-Tender of sale of land parcels/open plots/stray bits of HMDA dtd. 19/3/2018 mentioned at sy.no.8 (40 plots) of the table of contents of the said notification of the 2nd respondent, as illegal and arbitrary and consequently to direct the respondents not to alienate the common areas in the lay out and pass such other order or orders as this Court deems fit in the facts and circumstances of the case.

(2.) Brief facts leading to the filing of this writ petition are that an extent of 380.47 of surplus land in sy.no.159, 28/1 and 20 of Miyapur, Serilingampally, Ranga Reddy District was assigned by the Government of Andhra Pradesh in favour of Hyderabad Urban Development Authority (HUDA) in the year 1981. The said land was developed by the said authority into a lay out with plotting which was approved in the year 1986 through file No.10552/PFO/Huda/83. In the said lay out, several parts of the land were earmarked for providing public amenities such as Parks, Health Centre, Community Hall, Bus Shelter, Post Office, Police Station etc. Subsequently, the then urban development authority, again issued a revised lay out and sold few of the plots. Further by virtue of the Hyderabad Metropolitan Development Authority Act 2008, Hyderabad Urban Development Authority was dissolved and the 2nd respondent is constituted and is under an obligation to utilize the areas meant for public purposes in the lay out only for the purposes they were earmarked for. However, the contention of the petitioners is that the 2nd respondent, which is statutory authority, has issued an E-Tender cum E-Auction notice for sale of the open areas and areas earmarked for providing amenities to private persons without developing the same for providing amenities and public facilities to the residents of Mayuri Nagar Colony. It is submitted that once there is an approved lay out and certain areas are earmarked for public amenities and open areas, they cannot be utilised for any other purpose. Therefore, challenging the E-tender cum E-auction notification dtd. 19/3/2018, this Writ Petition has been filed.

(3.) The Learned counsel for the petitioner, while reiterating the above proposition referred to the GO Ms No. 72 Municipal Administration and Urban Development (J1) Department, dtd. 20/2/2002. It is submitted that in the open areas that are available in the original lay out as well as the revised lay out, there are huge trees and rocks existing and if the said areas are alienated and cleared for construction, the same will affect the ecology and environment in the colony which in turn would affect the comfort of living of the members and residents of the first petitioner association and that if the areas meant for common facilities/amenities are sold to private parties, the members will be deprived of the said facilities. The petitioner also pointed out the plots which have been earmarked for common facilities and as to how the respondents are flouting their own rules by alienating the said properties to private persons through E-Auction cum E-Tender process. Therefore, the petitioner is seeking setting aside of the E-Auction process and to direct the respondents not to alienate the common areas in the layout.