File No.

MAUOJ-19023(32)/47/2020-GTR RG-DOTCP

PHONE No: 08645-295696

EMAIL: dtcp.ap@gmail.com

GOVERNMENT OF ANDHRA PRADESH

TOWN AND COUNTRY PLANNING DEPARTMENT

From To
The Director of Town and Country The Municipal Commissioner,
Planning, Ongole Municipal Corporation,
D.No.241, N.H.-16, MGM Capital, Ongole,
Near NRI Flyover, Chinakakani, Prakasam dt.
Mangalagiri
Guntur District- 522 508.

Lr.Roc.No.19023(32)/47/2020/G, Dt: -02-2021

Sir,
Sub: 0/o OT & CP, AP, Mangalagiri - Ongole Municipal Corporation - Allotment of
sites for construction of Anganwadi centers in layout reserved open spaces -
clarification issued - Regarding.
Ref:- 1) Roc.No.3339/2020/G 1. Dated: 25.11.2020 of the Commissioner, Ongole
Municipal Corporation, Ongole, Prakasam dt.

@@@
With-reference to the your letter cited, it is informed that,
(1) As per G.O.Ms No.72 MA, Dt.20-02-2002 and Hon'ble High court of AP in its
orders in W.P.No.26276/96 based on the Supreme Court judgment in SC 1902
and SC 577 had concluded that the Government has no jurisdiction to convert
the site reserved for park or play ground to some other purpose. The Court is
also opined that any buildings or construction in such places necessarily
affected the health, sanitation and the environment adversely affecting the
residents of the locality.

(2) Further, the Government have directed the local bodies in the State shall not
propose to utilize the reserve open spaces of a layout for the purpose other
than the intended original use such as a park, play ground, community
structure, urban forestry and similar eco-conservation programme in G.O.Ms
No. 72 MA, Dt.20-02-2002. Same stand has been confirmed in judgment dated
06-10-2015 in W.P.No.35449/2012 wherein it was ordered that lung space
provided for ·betterment for environment cannot be utilized for any other
purpose or any public purposes. Hence, open space cannot be allotted for
construction of Anganwadi centers any deviations to the above instructions
contrary to law and orders of Supreme Court of India.
 File No.MAUOJ-19023(32)/47/2020-GTR RG-DOTCP

(3) As per G.O.M.S.No.275 dt.18.07.2017, the area reserved for Public Open
Space shall be handed over to the Local Authority free of cost through a
registered gift deed. This area shall be used only for Parks, Playgrounds,
Gardens, Nursery, Recreational Open space etc. and shall not be utilized for
any purpose other than the purpose for which it is transferred. The Applicant
shall construct a compound wall as per the design prescribed for this site and
handover to the Local Authority.

(4) Also, the areas reserved for utilities shall be handed over to the Local Authority
free of cost through a registered gift deed. This area shall be utilized only for
community facilities such as Electrical Substation, Government school,
Government Dispensary, Ward Office, Public Utility Office, Public Library, Water
Reservoir, Rain water harvesting structures, Police Station/outpost, Public
Parking, Fire Station, Bus Station, Septic Tank, Solid Waste Collection point
etc.
Therefore it is to inform that, Anganwadi centers are not allowed in the
Public Open spaces and if necessary the utilities space earmarked in the
layout may be allocated to the Anganwadi centers.

Yours faithfully,

For Director of Town and

Country Planning

Signed by Bodireddygari
Balaji
Date: 16-02-2021 18:49:29
Reason: Approved