Andhra Pradesh High Court
Judges : BILAL NAZKI, ELIPE DHARMA RAO
C.Kulsum Reddy - Appellant
Versus
State OF A.P., Municipal Administrationand Urban Development (ML) Dept. - Respondent
Decided On : 01-25-02
Finance Act, 1997 - Sections 64 to 78 – Urbanization Planning and management - Life member of Indian National Trust – College - Commissioner is satisfied that erection or re-erection of any building or execution of any such work as is described in Section 433 has been unlawfully commenced or is being unlawfully carried on upon any premises he may by written notice require person directing or carrying on such erection or re- election or execution of work to stop the same forthwith (2) If such erection or re-election or execution of work is not stopped forthwith the Commissioner may direct that any person directing or carrying on such erection or re- election or execution of work – Held, petitioners who are respected citizens have raised very important contentions with regard to environment and ecology of city of Hyderabad in this writ Petition - It was pointed out that they have also approached Hon ble Chief minister twice in past – Court are concerned with ecology and environment of state but since court have decided Writ petition on other grounds therefore at present court are not dealing with that aspect of matter - There was a specific provision in Act by which the constructions could be regularized - In present case Court do not find any rules or any provision in any relevant Act which gives power to Government to regularize unauthorized constructions made – Petition allow
( 1 ) THIS Writ Petition has been filed in public interest by five persons challenging the validity of G. O. Ms. No. 419, Municipal administration and Urban Development (ML) Department, dated 30-6-1998 (sic. 30-7-1998 ). By this G. O. the Government laid down a scheme under which unauthorized constructions made till 30th june, 1998 (sic. 30th July, 1998) could be regularized. The petitioners claim to be persons to whom the environment was dear. The petitioner No. 1 is a retired Reader in Political Science from Zakir Hussain college, New Delhi. She is a member of the society for Preservation of Environment and Quality of Life (hereinafter referred to as speql ). She is also a life member of indian National Trust for Art and Cultural heritage (hereinafter referred to as intach ). She is also member of the Society to save Rocks, Hyderabad. The second petitioner is a retired officer of Indian administrative Service. He retired prematurely while he was working as Vice- chairman of Hyderabad Urban development Authority. He is also a member of SPEQL and INTACH. He is president of Shanti Foundation which is dedicated to the propagation of Gandhian philosophy. He is also author of indian metropolis: Urbanisation, Planning and management published in 1987. He also wrote a book titled the Last Nizam in 1992. He has also authored hyderabad under salar-Jung and latin American Integration . He is also engaged in editing a book titled gandhi in 21st century . He is also President for Centre for Deccan Studies. He had submitted a report to the UN Centre for human Settlements in Nairobi on the status of environment of Hyderabad in 1996. The third petitioner is also member of SPEQL and INTACH. He joined Indian administrative Service in 1959. He also took early retirement. He was Joint Secretary in the Government of India at the time of his retirement. He is Chairman of the A. P. State committee of World Wide Fund for Nature. He is President of Anjana Foundation which is a registered Trust dedicated in identifying and encouraging the needy students for granting scholarships. The fourth petitioner is also a retired officer of Indian administrative Service. He was Secretary, environment and Forest, Government of india at the time of his retirement. He is a member of a Government of Andhra pradesh Organization named the environment Protecting Training and research Institute, Hyderabad (EPTRI ). He is also a consultant to the Bangkok based un Environment Programme. He is director of the International Centre for integrated Mountain Development located in Khatmandu. The petitioner No. 5 is a faculty member in centre for Economic and social Studies (CESS ). He claims to have written articles on Urbanization and environment and also Displacement of persons under the Dams. He claims that his articles had been published by various prestigious journals. Thus, the petitioners claim that they have been making efforts to create a healthy atmosphere for better and cleaner environment. Some of the petitioners had submitted a Memorandum to the Chief Minister of Andhra Pradesh in 1997 with regard to the floor area ratio. They contended that power of Government to relax floor area ratio and to condone violations was not in the interests of environment. They also claim to have submitted a memorandum to Chief Minister on 5-8-98. They submitted that, at present the city of Hyderabad is reeling under various problems like heat island effect, non-availability of water and power, absence of lungs spaces and places for children to play, traffic congestion, growth of slums, accumulation of urban wastes, overflowing sewerages, air pollution, water pollution, non-availability of parking places and depletion of ground water table. They submitted that, in spite of all these difficulties and in spite of their memorandums having been given to the chief Minister, the impugned order was issued by which unauthorised constructions were sought to be
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