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2010 Supreme(AP) 952

NISAR AHMAD KAKRU, P.V.SANJAY KUMAR
K. Vivek Reddy – Appellant
Versus
State of Andhra Pradesh, rep. by its Secretary, Municipal Administration & Urban Development (M)/Department, Hyderabad – Respondent


Advocates Appeared:
Mr. Vedula Venkata Ramana Sr. Counsel for Mr. B. Mahender Reddy and Mr. K. Rama Krishna Reddy, Senior Counsel for Mr. M. Sanga Reddy and Mr. B. Venkat Rama Rao, Counsel for the Petitioners.
Mr. R. Ramachandra Reddy, Counsel for Respondent Nos.2 and 3.
Mr. E. Manohar, Senior Counsel for Mr. P. Kamalakar, Counsel for Respondent No.4.
Mr. B. Adinarayana Rao, Counsel for Respondent No.5.

JUDGMENT

(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






























































































































































































































































































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