The enjoyment of the ownership rights is subjective to the requirements of the development plan: Andhra Pradesh High Court

The Andhra Pradesh High Court issued an order on 20th January, 1987 in which it held that any construction on the property allotted for recreational park would disrupt the ecological balance of the area. This was held in the case of T. Damodhar Rao & others vs. The special officer, S. O. Municipal Corporation (AIR 1987 AP 171). This case was presided over by Honorable Mr. Justice P. A. Choudhary.


The petitioner is the resident around the area allotted for recreational park. The municipality started constructing LIC & IT department in part of the said land. The petitioner aggrieved by the action of municipality filed petition before this Court.


According to the court, the income tax department and LIC are exploiting the land illegally and in violation of the law. After hearing from both parties, the Apex court determined that the LIC and the IT department had every legal right to construct residential homes on their sites. The development plan restricts that which is in dispute. The court further noted that under section 112 of the Hyderabad Municipal Corporation Act 1995, land user declarations made in development plans that were published with legal authority are statutorily enforceable.

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