THE HON’BLE SRI JUSTICE K.C.BHANU
APPLICATION No.159 of 2011
In
C.S. No.14 of 1958
ORDER :
1. This application has been filed to direct the respondents not to interfere with the development activity of the petitioners in respect of land in Survey No.1 of Hashmathpet Village, Balanagar Mandal, Ranga Reddy District or alternatively direct the department to encircle the monument declared by a compound wall so that the petitioners/ decree holders would be able to develop the other part of the land without interference from the respondents.
2. Inspite of service of notices to the respondents and inspite of giving several opportunities, the respondents did not contest the matter. So, practically the contents in the affidavit filed in support of the application remained unchallenged. In the absence of any challenge, prima facie the contents of the affidavit have to be accepted as true. Heard the learned counsel for the petitioners.
3. In the report of the Advocate Receiver-cum-Commissioner filed in Appln. No.690 of 2005 dividing the lands between the sharers by metes and bounds, it is stated that there is a shed over an extent of 200 square yards in Survey No.1 and it was declared as historical monument under the Hyderabad Ancient Monuments Act. The report of the Commissioner was accepted by this Court on 01.02.2008. Thereafter, final decree was passed in Application No.711 of 2009.
4. The learned counsel for the petitioners contended that the Hyderabad Ancient Monuments Act was repealed by the Andhra Pradesh Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1960; that the extent of 200 square yards of land in Survey No.1 covered by zinc shed declared as historical monument, is excluded from partition, but no distance is prescribed for making constructions from the historical monument under Rules 28 and 29 of the Andhra Pradesh Ancient and Historical Monuments and Archaeological Sites and Remains Rules, 1961. In view of the said submissions, there is no impediment for making any constructions in the site in which the petitioners have got the right, title and interest as per the final decree. Therefore, the respondents are directed not to interfere with the developmental activities of the petitioners in respect of the land as per the final decree granted by this Court in Survey No.1 of Hashmanthpet Village, Balanagar Mandal, Ranga Reddy District. If advised, the respondents can encircle the monument by raising a compound wall so that the petitioners can develop the remaining part of the land.
5. Accordingly, the Application is ordered. No costs.
---------------------
(K.C.Bhanu, J.)
20.09.2011
DRK
THE HON’BLE SRI JUSTICE K.C.BHANU
APPLICATION No.159 of 2011
In
C.S. No.14 of 1958
20.09.2011
