P. VENKATESWARLU Vs. GOVT. OF A,P

JUDGEMENT

(1.) In both the writ petitions, the grievance of the petitioners is about construction of multi-storeyed commercial complex by the respondent Nos.5 and 6 in the open space admeasuring 600 sq. yards, which was earmarked for a park in Plot Nos.S1 and S2 of Indian Airlines Employees Housing Colony, located in Sy.No.194/11 of Begumpet Village, Rangareddy District. The petitioners have also prayed for a direction to the respondent Nos.3 and 4 to demolish the aforesaid structure raised by the respondent Nos.5 and 6. Both the writ petitions were therefore heard together and are being decided by this common order. For the facility of reference, the facts in W.P. No.12538 of 1999, which has been filed pro bono publico, are being referred to.

(2.) The Andhra Pradesh Housing Board (hereinafter referred to as, "APHB") sought permission of the State Government on 20/6/1974 to acquire Ac.15.19 guntas situated at Begumpet village for constructing a housing colony for staff of Indian Airlines. The State Government vide G.O.Ms.No.132, Health, Housing and Municipal Administration Department, dtd. 28/12/1974 granted permission to acquire the land. Thereupon, on 10/6/1975 the State Government issued a notification under Sec. 4(1) of the Land Acquisition Act, 1894 notifying that the land admeasuring Ac.12.24 guntas forming part of Sy.No.194/11 situated at Begumpet Village was required for the purposes of constructing houses for the staff of Indian Airlines.

(3.) On 20/2/1986, the State Government accorded permission to APHB to take up construction of 159 houses. According to the sanctioned layout, an open space of 600 sq. yards was earmarked for park in the Indian Airlines Employees Housing Colony. The respondent Nos.7 and 8 asserting themselves to be the office bearers of the Managing Committee of the aforesaid Housing Colony vide Registered Sale Deeds, dtd. 12/6/1996, sold 600 square yards of land to the respondent Nos.5 and 6.