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2001 Supreme(AP) 1091

Andhra Pradesh High Court
Judges : S.B.SINHA, V.V.S.RAO
B.Venkatagiri - Appellant
Versus
State OF A.P. - Respondent
Decided On : 09-26-01

Headnote:

Andhra Pradesh Urban Areas Development Act, 1975 - widening of the road – Acquisition of land - Maximum percentage noise levels are showing is a residential area and there are trees located on either side road which are aged about and volume of vehicles range from at different intervals and at different parts - Road widening will increase traffic volume on road - In interest of residential area appropriate restriction have to be prescribed for movement of specified types of vehicles - This area should also be declared as no horn zone – Held, Municipal Corporation although concedes proposition of law as contended by Counsel for petitioner court are of opinion that for widening road only procedures laid down there for must be complied with as thereby essential features Master Plan are not altered - In our opinion for purpose of widening road no prior approval Pollution Control Board is required to be taken inasmuch as it is competent authority to take a decision matter - While taking such decision competent authority must keep in mind requirements law - Such a contention part of Counsel petitioners must be held to be misconceived - petition is disposed

( 1 ) THE petitioners are the residents of Dwarakapuri Colony which is classified under Zone IV (Residential Zone) in the Master Plan maintained under the A. P. Urban Areas (Development) Act, 1975. The main road connects Panjagutta main road to Road No. 1, Banjara Hills and it is notified as a 40 ft. wide road in the Master Plan. But the actual width of the road varies from 24 ft. to 30 ft. at different points. The petitioners came to learn that decision has been taken to widen the same to the extent of 60 ft. The petitioners contend that such widening of the road is not necessary and if the same is so done, the traffic would increase and enhance the safety hazards as also give rise to noise pollution. The petitioners have filed a representation before the authorities, but no action has been taken thereagainst.

( 2 ) A counter-affidavit has been filed by the fifth respondent. It has been inter alia accepted that width of the road is 40 ft. , as shown in the master plan. It is further stated in the counter as under: this respondent/board had conducted Ambient Air Quality Monitoring at 3 local areas on the road mentioned i. e. (I) Mr. Khans Enclave, near Model House, Dwarakapuri Colony; (2) Sri Kumar a Swami s residence; (3) Scotia Bank at Banjara Hills Road No. 1 on 2s. 5. 200i for 24 hours and analysis reports which are as follows: (a) The parameters SO2 Nox are within the standards prescribed for residential; area. (b) RSPM values have slightly extended the standards in one shift at point No. 2. (c) The TSPM values are slightly exceeding the standards of 200 ug/m3 in 1st and 3rd shifts at point No. 2. (d) The noise levels are also slightly exceeding the standards of CPCB i. e. , 55 db (A) for residential area. The maximum percentage noise levels i. e. , UN 90 are showing 63. 3 db (A ). . . the Dwarakapuri is a residential area and there are about 240 trees located on either side of the road which are aged about 15 years and volume of vehicles range from 26 nos. / hr to 400 nos. ,/ hr at different intervals and at different parts. Road widening will increase traffic volume on the road. In the interest of residential area appropriate restriction have to be prescribed for movement of specified types of vehicles. This area should also be declared as no horn zone .

( 3 ) MR. S. Niranjan Reddy, learned Counsel appearing on behalf of the petitioners would submit that before the action is taken to widen the road, the Master Plan and the Zonal Development Plan must be amended. The learned Counsel would contend that even prior permission under the Pollution Control Laws must also be taken. The Local Authorities, Urban Development Authority and the State, contends Mr. Reddy should consult each other before a decision is taken.

( 4 ) A. P. Urban Areas (Development) Act, 1975 was enacted to provide for the development of urban areas in the State of Andhra Pradesh according to plan and formatters ancillary thereto. Section 3 in Chapter II of the Act deals in the constitution of Urban Development Authorities. Chapter III deals with the Master Plan and Zonal Development Plans. "the Master Plan" contemplated under Section 6 is defined : 6 (2) The Master Plan shall (a) define the various zones into which the development area may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used (either after carrying out development thereon or otherwise) and the stages by which any such development shall be carried out; and (b) serve as a basic pattern of framework within which the Zonal Development Plans of the various zones may be prepared.

( 5 ) UPON obtaining such approval, the authority is required to publish the plan in such a manner as may be determined by regulations, a notice stating that a plan has been approved and naming a place where a copy of the plan may be inspected during the specified hours and upon the date of the first publication of the aforesaid notice, the plan shall










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