K.VENKATESH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking to issue a writ, order or direction, more particularly one in the nature of writ of mandamus to declare i) that the respondent no.7 is not entitled to obstruct or consume the existing cart track connecting Kokapet village to Golden Mile main road in Sy.No.146, 147 and 148 for the purpose of making development or construction over the layout plots in Golden Mile project and also declare that respondents 1 to 3 are obligated to protect the cart track; ii) consequentially direct the respondents 1 to 6 to take all the reasonable measures to ensure that respondent no.7 will not construct or damage the cart track in Sy.No.146, 147 and 148 Kokapet village, Rajendranagar mandal, Ranga Reddy district; and iii) further direct the respondent no.7 to forbear from making any construction or developmental activity over any part of the cart track and grant such other relief to meet the ends of justice.

(2.) Facts stated briefly are; the petitioners are residents of houses situated in Kokapet village, Rajendranagar mandal, Ranga Reddy district, and owners and possessors of land admeasuring to an extent of Ac.05-24 guntas situated in Sy.Nos.138 and 139 of Kokapet village, Rajendranagar, Ranga Reddy district. Petitioners state that there is a cart track (bandla bata) in Sy. Nos.146, 147 and 148 of Kokapet village connecting Kokapet village to Golden mile road which is 1 km length of road with 33 feet width. That mention of this cart track is there in the village plan of Kokapet village and the cart track is being used by all the residents of Kokapet village to reach the Golden mile main road. That the 7th respondent had purchased certain HUDA auctioned plots in Golden mile project and they are now proceeding with development/construction over the said plots including a part of the cart track in Sy.No.146, 147 and 148 of Kokapet village in such a manner and in such a way that the cart track is unauthorizedly blocked and utilization of the said cart track become impossible to reach Kokapet village. That the cart track shown in the village map is an ancient town planning device and such cart tracks and other public utility places are to be protected by the town planning authorities and the State in the interest of the villagers/users of the cart track. That the 7th respondent is trying to consume the cart track to the serious detriment of the villagers including the petitioners and since the party respondents are rich and influential, the State authorities are not taking any action against it. That the approach to the main road through the cart track is the shortest distance, the advantage of the cart track is required to be protected and extended to all the villagers and the petitioners. That it is settled legal proposition of law that cart tracks, roads, water bodies, public utility areas such as play grounds, schools, parks etc., are to be protected by the town planning authorities and see that they are not consumed by any private persons. That the 7th respondent is making excavation in the plots purchased by them in such a manner that the cart track is totally lost and the public at large are deprived of the use of the cart track. That in this context, the petitioners have submitted several representations to the official respondents to protect and preserve the cart track but till today no action has been taken on the said representations. That construction activity is being undertaken by the 7th respondent at a high pace and the cart track is likely to be consumed by them to the disadvantage of the villagers including the petitioners. Hence this writ petition.

(3.) Counter affidavit is filed by the Director Planning-II, HMDA-2nd respondent wherein inter-alia it is stated that the 2nd respondent has developed the layout in Government land in Sy.No.147 in the name of Site-III of Golden mile project, Kokapet and conducted open auction on 20-07-2006 and in the said auction, the 7th respondent was the highest bidder for an extent of land of Ac.8.207 cents being H1 bidder. The auction of the said land was subject matter of litigation and ultimately pursuant to the order dated 08-01-2019 passed in SLP Nos.11145 & 11146 of 2013, the possession of the said land was given to the 7th respondent he being the highest bidder and sale deed was also executed. It is stated that on verification of the HMDA master plan, 2031 zonal map, there is no connectivity for cart track to the village road through Sy.No.146, 147 and 148 of Kokapet village. That the land of the petitioners situated in Sy. Nos.138 and 139 is connected to the Kokapet village road towards eastern boundary and nowhere in their title deeds in respect of the said land, there is a mention about the cart track road for their ingress and egress to reach the village by using the cart track. It is denied that the distance has increased for reaching the main road whereas reaching main road through the cart track is the shortest way. That there is a Master plan road wherein a provision is made for 30- meter road, which is part and parcel of the existing road abutting to Sy.No.138 and 139 of Kokapet village. That the cart track is only up to Sy.No.148, which is a patta land and the pattadars of the said land have converted the agricultural land to non-agricultural land and developed the land by constructing residential houses and buildings long back. That the cart track starts in the middle of Sy.No.147 and the same ends in the middle of Sy.No.148 patta land towards North Eastern side of the Golden mile project and there is no connectivity to the main village. That the land in Sy.Nos.100, 109, 110, 114, 117 and 148 belongs to the Government and converted it into non-agricultural land and the 2nd respondent-HMDA developed the layout by laying 100 feet, 60 feet and 40 feet roads to provide connectivity to the village roads from the Golden mile project main road, which are already developed and being used. That the patta lands in Kokapet in almost all survey numbers have been either already developed or under development and converted into residential use in HMDA Master plan and there is no agricultural activity in the said village. That the 2nd respondent has developed three layouts under the name of Golden mile project site-I, site-II & site-III and provided many roads and developed infrastructure by laying BT roads and open spaces and other amenities in the respective layouts as per layout norms of HMDA. That the Roads and Buildings Department and the Panchayat Raj Department have also laid internal roads in and around the site. That as per the directions of the Supreme Court, the officials have demarcated the sites for handing over to the 7th respondent and while handing over the sites to the 7th respondent, the villagers have submitted representations requesting to provide for one more road at Northern side of the site-III for connectivity which is nearer and short distance to the main village and accordingly the officials of HMDA have considered the request of the villagers. That the HMDA has relinquished its own land for laying an alternate road and the said road is being put to use. That the representation of the petitioners for restoring the cart track was considered and rejected by assigning reasons vide letter no. BV4/7768/2006, dated 18-04-2019.