(Per Nisar Ahmad Kakru, C.J.)

The judgment handed down by my learned Brother, Shri Justice Sanjay Kumar, originates from a painstaking exercise. He has highlighted detailed facts arising out of the pleadings, as also the impact of the relevant statutes/rules/ regulations. Undoubtedly a highly appreciable endeavour and I am in total agreement with the judgment in so far as it upholds the validity of Rule 7.1 (xiv) of the Hyderabad Revised Building Rules, 2006, relating to the reduction of requirements and standards of the setback and change of use of the land but I could not persuade myself to fall in line with some of the conclusions, not because of tall thinking to present an innovative or a novel idea but to ensure real and substantial justice between the parties.

2. Another conclusion, I am in agreement with my learned Brother, is referable to the challenge thrown by medium of W.P. Nos. 1259 of 2010 and 1677 of 2010, to G.O.Ms. No.539 Municipal Administration and Urban Development (II) Department dated 27.7.2007, permitting the change of use of land to the extent of 500 square meters in the premises bearing number D.No.2-220/K/9 in Durga Bai Deshmukh Colony for residential purposes. The challenge has been turned down by my learned Brother and concurring therewith, I am tempted to make a little addition to the reasoning, in view of the importance of the issue. Before proceeding in that direction, reference to the stand of the respondents depicting that in and around the colony several educational institutions having already come up, there remains no justification for construction of new schools in the colony which is well visualized by the residents of the colony, assumes relevance. The factual narration need not detain me because relevant issue is, whether power to change the land use is available and with whom. In this behalf reference to sub-section (2) of Section 12 of the A.P. Urban Areas Development Act becomes imperative which reads:

"12 Modifications to plan:-

(1) The Authority may make such modifications to the plan as it thinks fit, being modifications which, in its opinion, do not effect important alterations in the character of the plan and which do not relate to the extent of land uses or the standards of population density.

(2) The Government may suo motu or on a reference from the Authority make any modifications to the plan, whether such modifications are of the nature specified in sub-section (1) or otherwise.

(3) Before making any modifications to the plan, the Authority or, as the case may be, the Government shall publish a notice in such form and manner as may be prescribed inviting objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Authority or the Government.

(4) Every modification made under the provisions of this section shall be published in such manner as the Authority or the Government, as the case may be, may specify and the modifications shall come into operation either on the date of the publication or on such other date as the Authority or the Government may fix.

(5) When the Authority makes any modifications to the plan under sub-section (1), it shall report to the Government the full particulars of such modifications within thirty days of the date on which such modifications come into operation.

(6) If any question arises whether the modifications proposed to be made by the Authority are modifications which effect important alterations in the character of the plan or whether they relate to the extent of land-uses or the standards of population density, it shall be referred to the Government whose decision thereon shall be final.

(7) Any reference in any other Chapter, except this Chapter, to the Master Plan or the Zonal Development Plan shall be construed as a reference to the Master Plan or the Zonal Development Plan as modified und