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1995 Supreme(AP) 80

Andhra Pradesh High Court
Judges : S.R.NAYAK
K.Gopi Chand - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 02-17-95

Compliance with legal requirements for change of land use, including publication of draft notification and obtaining favorable reports from prescribed authorities, satisfies principles of natural justice and precludes challenges based on lack of notice.

Headnote:

LAND USE CHANGE - ANDHRA PRADESH URBAN AREAS (DEVELOPMENT) ACT, 1975 - SECTION 12(3) - PUBLIC INTEREST LITIGATION - VALIDITY OF GOVERNMENT ORDER FOR CHANGE OF LAND USE - REQUIREMENTS FOR CHANGE OF LAND USE - PRINCIPLES OF NATURAL JUSTICE - NOTICE TO RESIDENTS - WIDTH OF ROAD - FACTUAL DISPUTE - COMMISSIONER APPOINTMENT - PUBLIC AUTHORITIES' REPORTS - JUDICIAL REVIEW.

Fact of the Case:

Residents of Govindarajulagutta locality challenged the validity of a Government Order (GO) permitting change of land use from residential to central commercial for two houses in their locality. They argued that the GO was issued without proper notice to residents, that the road connecting the temple to the station road was narrower than claimed by the authorities, and that the change would cause public injury.

Finding of the Court:

The court found that the Government had complied with all legal requirements for change of land use, including publishing a draft notification in the Gazette and obtaining favorable reports from prescribed authorities. It held that the petitioners' failure to file objections to the draft notification precluded them from claiming a violation of natural justice principles. The court also declined to appoint a commissioner to determine the width of the road, finding no basis for questioning the authorities' reports.

Issues: 1. Whether the Government Order for change of land use was issued in violation of principles of natural justice due to lack of notice to residents? 2. Whether the width of the road connecting the temple to the station road was accurately represented by the authorities? 3. Whether the change of land use would cause public injury?

Ratio Decidendi: 1. Publication of the draft notification in the Gazette constituted proper notice to all concerned, and the petitioners' failure to file objections barred their claim of natural justice violation. 2. The court declined to appoint a commissioner to determine the road's width, finding no basis to question the authorities' favorable reports. 3. The court found no evidence of irregularity or illegality in the Government's decision to grant the change of land use.

Final Decision: The court dismissed the writ petition, holding that the Government had acted within its powers and complied with legal requirements in issuing the GO for change of land use.

S. R. NAYAK, J.

( 1 ) 56 persons in all claiming to be the residents of Govindarajulagutta locality of Girmajipet of Warrangal town have filed this common and joint writ petition, calling in question the validity and legality of the Government Order in G. O. Ms. No. 422, Municipal Administration and Urban Development Department dated 9-7-1993 according permission for change of land use in respect of residential site consisting of two houses bearing Municipal Registration H. No. 8-7-102 and 8-7-96/1 situated at Govindarajulagutta in favour of the 6th respondent in this petition. . This writ petition is filed as a public interest litigation to espouse the cause of the public at large in the said locality.

( 2 ) IN the writ petition it is averred that there is a 60 feet road from Warrangal Railway station to Hanamakonda enroute warrangal Chowrasta, Pochamma Maidan,-MGM Hospital and on the said road there is a small by-lane on the first right side which leads to Sri Govindaraja swamy temple at Girmajipet. The road connecting Sri Govindaraja swamy temple to the station road measures one to two furlongs in length and: width of the said road is between 15 . 6" and 20 . 6". Abutting this road there were residential houses. In the master plan prepared by the fourth respondent-Urban Development Authority under the provisions of Andhra Pradesh Urban Areas (Development) Act, 1975, for short the Act , the site consisting of two houses bearing Registration No. 8-7-102 and S-7-96/1 was shown to be a residential area. The 6th respondent made an application on 17-2-1993 to the first respondent-Government seeking variation of change of land use. The Government after receipt of the said application obtained reports from all the prescribed authorities and on the basis of the favourable reports submitted by the Authorities, the Government issued a draft notification as required under sub-section (3) of Section 12 of the Act and the same was published in the Andhra Pradesh Gazette Part I Extraordinary dated 14/06/1993. There is no dispute between the parties that no one has filed any objection to the draft notification. There afterwards the Government issued the impugned notification according permission for variation of the land use from residential to central commercial use.

( 3 ) SRI Narayana Reddy, the learned Counsel for the petitioners firstly contended that the impugned notification came to be issued by the first respondent Government in violation of principles of natural justice inasmuch as the residents of the locality were-not notified and had no knowledge of the application filed by the sixth respondent seeking variation. Secondly, Sri Narayana Reddy contended that the road connecting Sri Govindaraja Swamy temple to the station road is 16 to 20 feet in width whereas on the false and incorrect information submitted by the authorities to the effect that the width of the road is 30 feet, the Government has accorded permission for variation. He would elaborate his contention by saying that the impugned order of the Government is based on a non-existing fact. Thirdly, Sri Narayana Reddy contended that if the impugned order is allowed to stand, it would cause great public injury affecting the interest of the public at large in general and the residents of Govindarajulagutta in particular. For all these reasons Sri Narayana Reddy would maintain that the intervention by this court had become necessary. On the other hand tie learned Government Peader, Sri B. V. Suobaiah, the learned Counsel for the 6th respondent and the learned standing counsel for the 2nd and 3rd respondents would support the action of the Government. They would highlight that the Government Order was issued by the Government after complying with all the requirements of law as provided under the Act and the present writ petition though in the guise of public interest petition is intended to serve as a collateral interest of a person who is. already running a cinema house in the




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