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2025 DAILYLAW 28504 (AP)

SOCIETY FOR PROTECTION OF CIVIL PROPERTY AND ENVIORNMENTAL RIGHTS SPCPER v. The State of Andhra Pradesh,

WP(PIL)/149/2025 · 2025-08-12

Dhiraj Singh Thakur, Ravi Cheemalapati

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010405232P25 IN THE HIGH COURT OF ANDHRA PR AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 149 OF 2025 Between: Society For Protection of Civil Property and Environmental Rights SPCPER, (Regd No. 45 of 2025), Rep by its Visakhapatnam Dist President Smt Nakka Nammi Grace, W/0 B. Ramakrishna, Aged 60 Years, Occ Advocate, D.No.8- 45/3, Ward 89, majji Veedhi, Yellapuvanipalem Visakhapatnam, Andhra Pradesh-530027, PAN No. AQJPN5433B, Bank Gopalapatnam, Account No. State Bank of India Dondaparthi Branch Visakhatanam 10667578637 Cell.9885419330. E-Mailnakkanammiqrace@qmail .com ...PETITIONER AND The State of Andhra Pradesh, Represented by its Principal Secretary, Industries and Commerce (P & I) Department, Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development, Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Youth Advancement, Tourism and Cultural Department, 1. 2. 3. ‘ Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 4. The Andhra Pradesh Industrial Infrastructure Corporation(APII C), Rep by Its Vice Chairman and Managing Director, APIIC Towers, IT Park, Mangalagiri, Andhra Pradesh. 5. The Visakhapatnam Metropolitan Region Development Authority VMRDA, 8'^ Floor, Udyog Bhavan, Siripuram Junction, Visakhapatnam - 530003rep By Its Metropolitan Commissioner, 6. The Greater Visakhapatnam Municipal Corporation Commissioner, Visakhapatnam, Andhra Pradesh. 7. The State Coastal Zone Management Authority (SCZMA) Secretary Department of Environment, Rep. by its Rep By Its Forests, Science and Technology Government of Andhra Pradesh Velagapudi, Amaravati, Andhra Pradesh - 522503. 8. The State Level Environment Impact Assessment Ministry of Environment Forests and Climate Chairmen, 3rd Floor, Marketfed Building, APIIC Colony, Jawahar Nagar,Vijayawada - 520007. 9. The District Collector, Visakhapatnam District, Visakhapatnam, Andhra Pradesh. lO.The District Collector, NTR District, Vijayawada, Andhra 11. M/s Lulu International Shopping Malls Pvt Ltd, Chairman and Managing Director,34/1000 Kochi, Earnkulam-682024. Authority(SEIAA) Change, Rep By Its Auto Pradesh. Represented by its NFI 47, EDA PPALLY, ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith. the High Court may be pleased to issue a Writ, Order, or direction, particularly one in the nature of a Writ of Mandamus, declaring the action of respondent no 1, in allotting Ac SPACE) worth of 687 17.89 cents of publicpark land (OPEN crores approximately in favor of respondent no 11 i.e Shopping Malls Pvt. Ltd. G.O.Ms.No. 137 dated 27-07-2025 M/s Lulu International at grossly undervalued rates, vide its impugned and G.O.Ms.No. 45 dated 26-03-2025 through a lease agreement with a 99-year term and a 3- year rent-free period - - j Land Allotment dated 11.03.2025 violative of Enabling Act, 2001, the 2029, the Environment contrary to Regulation No 4 (i) (b) of Andhra Pradesh Tourism Policy 2024-2029 issued vide its GO MS NO 1 the Andhra Pradesh Infrastructure Development Andhra Pradesh Tourism Land Allotment Policy 2024- (Protection) Act, 1986, the Coastal Regulation Zone (CRZ) Notification and 2019 , and constitutional 2011 provisions under Articles 14, 21, and 300A of the Constitution of India consequently set aside the impugned G.O.Ms.No. 137 dated 27.07.2025 and G.O.Ms.No. 45 dt authorities to follow the procedure contemplated lands to the un-official respondents. 26.03.2025 duly directing the under the law in allotting IANOi1OF2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of impugned G.O.Ms.No. 137 dated 27-07-2025 and G.O.Ms.No. 45 dated 26-03-2025 as the impugned GO’S issued allotting Ac worth of 687 crores 17.89 cents of public park land (OPEN SPACE) approximately in favor of respondent no 11 i.e M/s Lulu International Shopping Malls Pvt. Ltd. at grossly undervalued rates.through a lease agreement with a 99-year term and Regulation No 4 (i) (b) of Andhra Pradesh Tourism i 2024-2029 issued vide its GO MS No. 1 dated 11.03.2025. a 3-year rent-free period contrary to Land Allotment Policy , ; Counsel for the Petitioner: SRI JADA SRAVAN KUMAR Counsel for the Respondent Nos.1,2,3,7,8,9,10: SMT. S. PRANATHI, SPL. GOVT. PLEADER Counsel for the Respondent No.4: SMT. SANTHI CHANDRA, SC FOR APIIC Counsel for the Respondent No.5: SRI S. GANESH BABU, SC FOR VMRDA Counsel for the Respondent No.6:SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.11 :— The Court made the following order: r r APHC010405232025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:- AT AMARAVATI 1 [3483] WP(PIL) NO: 149 of 2025 Society For Protection Of Civil Property And Enviornmental Rights SPCPER ...Petitioner Vs. The State Of Andhra Pradesh and Others ...Respondent(s) ********** Advocate for Petitioner: Mr. Jada Sravan Kumar Advocate(s) for Respondent(s); Smt. S. Pranathi, SpcI. Govt. Pleader CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE ; 13th August 2025 P C ■■ The issue raised in the present writ petition is one already raised in earlier petitions bearing W.P (PIL) Nos.96 & 145 of 2025. We are not inclined to entertain repetitive petitions on the same issue. The WP(PIL) is, accordingly, closed. No costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- SHAIK MOHD. RAF! ASSISTANT REGISTRAR //TRUE COPY// ^ OFFICER SE' To, One CC to Sri Jada Sravan Kumar, Advocate [OPUC] One CC to Smt.Santhi Chandra, SC for APIIC[OPUC] One CC to Sri S. Ganesh Babu, SC for VMRDA[OPUC] One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 1. 2. 3. 4. 5. 6. Two CCs to GP for Industries and Commerce, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Youth Services, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 9. Two CD Copies. ssb w HIGH COURT DATEDrI 3/08/2025 ORDER WP(PIL) No.149 OF 2025 CLOSING THE W.P.(PIL) WITHOUT COSTS