The Court closed the writ petition regarding land use conversion in Visakhapatnam after respondents filed instructions stating the matter requires no further adjudication due to land cancellation and vacancy.
Writ petition closed with liberty to approach the Court in case of future violation of land usage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO
WRIT PETITION No. 20661 OF 2007
Date: 10-09-2014
Between: Patnala Appa Rao and another.
… Petitioner
And
Andhra Pradesh Industrial Infrastructure Corporation Limited, rep.by its Vice Chairman & Managing Director, Hyderabad and others.
… Respondents
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO
WRIT PETITION No. 20661 of 2007
O R D E R:
This writ petition is filed for declaring the action of the respondents 1 and 2 in permitting industry to be established in survey Nos 103 and 104 of Fakhir Thakya Village, Gajuwaka Mandal, Visakhapatnam District, which is predominantly a residential area as illegal and arbitrary.
Heard learned counsel for the petitioners and learned Standing Counsel for respondents.
Learned counsel for the petitioners brought to the notice of this Court the averment made by the respondents 1 and 2 in their counter affidavit stating that the respondent-Corporation has taken up with respondent No.3 for approval of land use of 10.00 acres of land, including the land in survey Nos 103 and 104 shown under Residential Zone to industrial use, as the land was acquired for development of industrial projects as the layout approval fee has already been paid to the respondent No.3 (VUDA).
Learned counsel for the petitioners submits that it is clearly shown that the land in survey Nos 103 and 104 is earmarked for residential use only and no industrial
activity should take place.
Learned counsel for the respondents 1 and 2 on the basis of instructions submits that an extent of Ac.2-00 guntas of land in survey No.103/P and 104P which was previously allotted to M/s.NIX Exports was cancelled by allotting alternative land in Apparel Export Park and remaining land is vacant on the ground and to be converted as open space as advised by the VUDA.
In view of the same, nothing survives for adjudication in the present writ petition, but the learned counsel for the petitioners submits that so long as the land is earmarked for residential use, no industrial activity should take place in the said land. Reserving liberty to the petitioners to approach this Court as and when any violation of the usage of land takes place, this Writ Petition is closed in view of the written instructions filed by learned counsel for respondents 1 and 2.
In consequence, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs.
__________________________ A.RAMALINGESWARA RAO, J.
Date: 10-09-2014 Nvl
THE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO
WRIT PETITION No.20661 of 2007
Date: 10-09-2014
nvl
1 issue framed by the court
Whether to declare the respondents action in permitting industrial use of residential land as illegal and arbitrary.
Patnala Appa Rao
Andhra Pradesh Industrial Infrastructure Corporation Limited
A. Ramalingeswara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
