Citation : 2022 Latest Caselaw 814 AP
Judgement Date : 11 February, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: W.P. No.3665 of 2022
PROCEEDING SHEET
Sl. Office
DATE ORDER
No Note
1. 11.02.2022 CMR, J
Learned Assistant Government Pleader for
Municipal Administration takes notice for respondent 1.
Sri M. Manohar Reddy, learned Standing Counsel for Municipal Corporation, takes notice for respondents 2 to 4 and requests time for filing counter affidavit.
Post the matter after four (4) weeks.
________ CMR, J
I.A.No.1 of 2022
The grievance of the writ petitioners is that the respondent - Corporation has been making efforts to establish sewage plant in the open space in the layout bearing L.P.No.01/2014/VJA, revised L.P.No.01/2015 by demolishing the compound wall in the gated layout. It is the case of the petitioners that open space reserved in the layout cannot be utilized for any other purpose to make any constructions. In support of their contention, the petitioners relied on the judgment of the erstwhile High Court of Andhra Pradesh in the case of Bhagya Nagar Colony Welfare Association, Hyderabad v. Government of A.P (2003 SCC OnLine AP 459 = (2003) 4 ALD 74) wherein it is stated that no construction shall be made in the open space earmarked in the layout.
Therefore, in view of the said settled position of law, there shall be a direction to the respondents not to make any construction or establish any plant in the open space that is earmarked in the layout, till the next date of hearing.
________ CMR, J
AKN
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