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4. The case of petitioners, in a nutshell, as per the averments of the writ affidavit is as follows:

The Govt. of Andhra Pradesh, with a view to develop Hyderabad as a software hub, vested substantial lands in the 3rd respondent (APIIC), who got a layout approved in 1997 from the 6th respondent. It is stated that it was a condition precedent to provide a common area for recreational and other general purposes for the benefit of software companies and others who may be visiting the area. In that process, the government through the 3rd respondent allotted 110 acres of land behind the existing software layout to the 5th respondent for development of software units. The approved plan shows that land adjoining Plot No.4 was earmarked as CFC (Common Facility Centre). Subsequently, the vacant land earmarked as CFC was developed into a park, with sizable space left for further development. The 5th respondent proposed to develop the balance vacant land earmarked as CFC into a club and the Advisory Committee approved the proposal of the 5th respondent and it was agreed that membership option would be available to all software companies functioning in Hi-tech city. The case of petitioners is that the 5th respondent cannot develop the said area for private and commercial purposes.

Further, Cyberabad Development Authority, which is the competent authority after HUDA, also approved the layout vide approval No. 2645/L-O/CDA/2006 dated 27.07.2006, where 'CFC' was not specified. As per GO. Ms.No. 743, dated 12.06.2007 of MA & UD department, the Government declared the entire 110 acres as a single plot without any reduction towards common amenities and green space etc. for the purpose of granting development / building permission and for calculation of FAR in this total 110 acres. As such there is no restriction on the part of the 5th respondent to use the subject land, which was part of the total area of 110 acres, for commercial buildings, since the said GO. clarifies that the 5th respondent can use any part of 110 acres of land as single plot for the purposes of development / buildings as long as they maintain roads, common amenities and green spaces within the permitted limits in the total area. There is no restriction for taking up construction of commercial buildings in the CFC area in the approved layout, since this area is allottable area. Layout rules do not mandate CFC area in the layout specially for recreational and other general purposes for the benefit of software companies, as alleged by petitioners. The subject land was approved in the layout of CDA in the entire 110 acres wherein the subject land was included in the Mindspace layout. This land was handed over to the 5th respondent long back in 2003 and 2004 and cannot be treated as part of software unit layout as alleged. The CFC area can be allotted to telephone exchange, banks and further in the existing Software Layout Unit required CFC area available in the Software Layout is earmarked and allotted to BSNL and VSNL (Now Tata Communications Ltd). The 5th respondent has no obligation to construct the Club House in the subject land and it can utilize the land as it deems fit and as per the terms and conditions of the MOA, Joint Venture Agreement and the Layout approval.

The Government had issued GO Ms. No. 743, dated 12.06.2007 specifically extracting therein following clause 8 1(ii) of the MOA between the Government of Andhra Pradesh and M/s K. Raheja Corporation Pvt. Limited for development of IT Park -

"For the purpose of computation of FAR/FSI in entire area of 110 acres of land shall be considered as a single plot without any reduction towards road, common amenities, green space etc."

The said G.O. directed that - "in view of the above commitment made by the Government, the Vice-Chairman, Cyberabad Development Authority is hereby permitted to treat the area of 110 Acres of land in Sy.No.64 (Part) of Madhapur, Serllingrampally Mandal, Ranga Reddy District as a 'single plot' without any reduction towards roads, common amenities and greenspaces etc. for the purposes of granting development / building permissions in the above site . The Vice-Chairman, Cyberabad Development Authority shall take further action accordingly."