AR. LAKSHMANAN, J.

( 1 ) THE Forum for Better Hyderabad represented by its Member is the petitioner in this writ, petition.

( 2 ) THE writ petition by way of Public Interest Litigation was filed for a declaration that Rule 13-A of Urban Development (Hyderabad) Rules, 1975 as unconstitutional and arbitrary and also for a further declaration that the draft notification! issued by the 1st respondent-Government of Andhra Pradesh in G. O. Ms. No. 363, MA and Urban Development Department dated 23-8-1995 regarding the change of land use in TS. No. 5/2 (Part) Block No. B, Ward No. 80 (Buddha Poornima Project Land) of Khairatabad village as unconstitutional arbitrary and violative of the provisions of Environment (Protection) Act, 1986 and set aside the same declaring that no commercial activity and structures can come up in the area covered by the aforesaid G. O. and consequently direct the respondents to remove all the structures in the area covered by the G. O.

( 3 ) G. O. 363 dated 23-8-1995 issued by the Municipal Administration and Urban Development Department, Government of Andhra Pradesh reads thus:notification In exercise of the powers conferred by Subsection (2) of Section 12 of the APUA (Development) Act, 1975 (Act 1 of 1975), the Government hereby makes the following variation to the ZD Plan for Zone No. IV, Municipal area the same having previously published in the Extraordinary issue of Andhra Pradesh Gazette No. 219 dated 22-5-1995 as required by Sub-section (3) of the said section. VARIATION The site in TS No. 5/2 (Part) Block No. B, Ward No. 80 (Buddha Poornima Project land) of Khairtabad village to an extent of 4-00 hectares/40,000-00 sq. mtrs. , which is earmarked for water body use zone in the notified zonal development plan for zone No. IV of Municipal Area is now designated as commercial use zone for the proposed construction of World Trade Centre in terms of G. O. Ms. No. 393, dated 1-10-1994 of Industries and Commerce Department. Subject to the following conditions: (a) that the applicant should obtain specified clearance from the National Airport Authority and the Air Force Authorities of Begumpet Air Force Station for permitting such a high rise structure. (b) That the applicant should obtain specific and express clearance from the Director of Fire Services as per Multi-Storey Building Regulations. (c) That the HUDA/mch should ensure while permitting the building keeping in view the overall circulation pattern and aspects like parking etc. , since the site is strategically located at the junction of the proposed Necklace Road at the tip of the Khairtabad Fly over bridge. (d) That the applicant should provide the complete parking requirement for the proposed building should be accommodated within the 4 hectares proposed area. (e) That the HUDA/mch should obtain an environmental impact Assessment study/ Report of the proposed complex from the promoters before issue of building permission.

( 4 ) IT is seen from the above G. O. that the draft variation to the zonal developmental plan for the Zone No. IV of Municipal Area was issued in Government Memo dated 17-5-1995 and the same was published in the Extraordinary issue of the Andhra Pradesh Gazette dated 22-5-1995 calling for objections and suggestions from the public. As no objections and suggestions have been received from public within a period of 15 days, the Government by reason of the impugned G. O. Ms. No. 363 dated 23-8-1995 confirmed the draft variation. The G. O. further directs that the appended Notification will be published in the Andhra Pradesh Gazette. The appended Notification was issued in exercise of the powers conferred by Sub-section (2) of Section 12 of A. P. Urban Agglomeration Development Act, 1975. In the said notification, the Government made the variations to the zonal development plan for zone No. IV Municipal Area. The same has been published in the extraordinary issue of A. P. Gazette No. 219 dated 22-5-1995 as required by Sub-section

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