Hyderabad Municipal Corporation Act, 1955- Sec.112.
Construction of Residential Houses for LIC and I.T. Department in the Land demarked for the Public Park.
The residents and rate payers of the Hyderabad Municipal Corporation who are living around the demarked area for the development of a park challenged the action of the Municipality allowing Life Insurance Corporation of India (LIC) and Income Tax Department (I.T. Department) to construct residential houses in the area demarked for the for the park before the Andhra Pradesh High Court. They prayed the Court to direct the Municipal Corporation to develop the entire area as Public Park according to the development plan. Long prior to the issuance of the development plan, the Government had planned for the creation of much larger park covering 200 aces of land. However, it dropped the plan and declared its intention to acquire only acres 99.19 cents for the purpose of the park. Actually the area was acres 101.19 cents. The said area is part of the land which is meant for the development of a recreational park. Subsequently out of acres151.55 cents 37 acres of land was acquired for the purpose of enabling LIC to build houses. A small portion of 37 acres of land was sold to Income Tax Department by the LIC. Out of acres 101.19 cents the Municipal Corporation has developed an area of 50 acres as a park. However, it allowed LIC build a few residential houses in its area of 37 acres and Income Tax department also wanted to build houses in allotted area.
The petitioners challenged this before High Court Andhra Pradesh and complained that the balance abut 51 acres of land out 151.5 cents as shown in the development plan ought not allowed to used by the LIC and I.T. Department. The Counsels for the petitioners argued that the section 112 of the Hyderabad Municipal Corporation Act, 1955 imposes a mandatory duty on the Corporation to make adequate provision for public parks, gardens play grounds etc.
The Court after hearing to the both the parties observed that the parties observed that “the LIC and I. T. Department have been well within their legal powers as owners of their properties to build residential houses. But that the ownership right is curtailed in the development plan. The Development plan is forbidden any user of that land except as recreational zone. The common law use and enjoyment of the ownership rights subject to requirements of the development plan.
The Court also observed that the declarations regarding demarcations of the Land user contained in a development published under statutory authority are statutorily enforceable. Those declarations impose legal obligations on the land owners and public authorities. The Court observed that the use of above area by the LIC and I.T. Department is illegal and contrary to law. The Court issued mandamus forbidding respondents from raising any structures.