M. Lakshmana Rao vs Visakhapatnam Urban Development ...
2022 Latest Caselaw 5804 AP

                 THE HON'BLE SRI JUSTICE A.V.SESHA SAI

                       WRIT PETITION No.27165 OF 2011

ORDER:

When the matter is taken up, it is brought to the notice of

this Court by the learned counsel for the petitioner that the issue in

the present Writ Petition is squarely covered by the judgment of a

Division Bench of the composite High Court in the case of

K.Satyananda v. Hyderabad Urban Dev. Auth. (Telangana and

Andhra Pradesh)1. A copy of the said judgment is also placed on

record. The operative portion of the said judgment at paragraph

Nos.50 and 51 reads as follows:

"50. For the reasons stated above, the appeals are without merit and accordingly dismissed.

51. As we have confirmed the common order dated 28.04.2010, we are inclined to dispose of writ petitions as follows:

(a) It shall be competent for the Urban Development Authorities or the Local Authorities, as the case may be, to insist on submission of clearance/permission under the 2006 Act as a condition precedent for releasing of layouts, and

(b) the land has been put to non-agricultural use before the 2006 Act came into force, such clearance/permission shall not be insisted.

(c) Conversion of land into Non-agricultural use under the provisions of Act 3 of 2006 is necessary even if the land is covered by Master Plan and

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sanction of layout by the Development Authority under the provisions of Act 1 of 1975."

Following the aforesaid judgment and for the reasons

recorded therein, this Writ Petition is also disposed of in terms

thereof. Office to enclose a copy of the aforesaid judgment. There

shall be no order as to costs of the Writ Petition.

As a sequel, interlocutory applications pending, if any, in this

Writ Petition shall stand closed.

___________________ A.V.SESHA SAI, J Date: 30.08.2022

siva

THE HON'BLE SRI JUSTICE A.V.SESHA SAI

WRIT PETITION No.27165 OF 2011

Date: 30.08.2022

siva