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2019 Supreme(Telangana) 195
IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
RAGHVENDRA SINGH CHAUHAN, SHAMEEM AKTHER, JJ.
Deccan Archaeological & Cultural Research Institute & Another – Appellant
Versus
The State of Telangana Municipal Administration and Urban Development Department Secretariat, Saifabad, Hyderabad rep by the Principal Secretary & Others – Respondents
Writ Petition (PIL) Nos. 79 of 2019 & 86 of 2019
Decided on : 16-09-2019
Advocate Appeared:
For the Petitioner:B. Nalin Kumar, Advocate.
For the Respondents:Learned Additional Advocate General, V. Narasimha Goud, Learned Standing Counsel, L. Venkateshwar Rao, Learned Standing Counsel.
Headnote:
Hyderabad Metropolitan Development Authority – Section 34, 49 & 57 – Telangana Heritage (Protection, Preservation, Conservation and Maintenance) Act, 2017 – Ancient Monuments Preservation Act, 1904 – Ancient Monuments and Archaeological Sites and Remains Act, 1958 – Andhra Pradesh Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1960 – Andhra Pradesh enacted the Andhra Pradesh Urban Areas (Development) Act, 1975 – Section 59 – Urban Areas Act empowers the Urban Development Authority to promulgate regulations consistent with the Act and the Rules – Urban Development Authority Zoning Regulations, 1981 – Regulation 13, 13 (2) – Zoning Regulations, 2010 – Regulation 2 & 9 (A)(ii) – Zoning Regulations, 1981 – Regulation 13 – Public Interest Litigation – Challenged proposed demolition of Irrum Munzil, shall be dealt with herein under – For most meaningful arguments raised by both parties in these two writ petitions – Decision of these two writ petitions shall also decided separately altogether, as petitioner therein not only challenged proposed demolition of Irrum Manzil, but also questioned constitutional validity of Act – Whether while taking decision relevant provisions of law and/or relevant factors have been over looked by State or not – Challenged – Held, Judicial review of policy-decision is limited one, although Court cannot substitute its own decision for decision of government, but nonetheless – Court can interfere with decision provided that provisions of law and/or relevant factors have been ignored in process of taking decision – If provisions of law have been ignored in process of taking decision, decision is said to be arbitrary one – On Perusal of facts and laws mentioned hereinabove clearly reveal that while taking decision, government has ignored essential provisions of law and relevant factors under theses para – Process of taking decision, State has ignored various essential provisions of law, essential procedures established by law – Thus Cabinet decision is legally unsustainable – Directions issued – Petitions allowed (Paras: 112 to 116)
Facts of the case:
Challenged proposed demolition of Irrum Munzil, shall be dealt with herein under – For most meaningful arguments raised by both parties in these two writ petitions – Decision of these two writ petitions shall also decided separately altogether, as petitioner therein not only challenged proposed demolition of Irrum Manzil, but also questioned constitutional validity of Act – Whether while taking decision relevant provisions of law and/or relevant factors have been over looked by State or not – Challenged
Result: Petitions allowed
ORDER:
Raghvendra Singh Chauhan, J.
1. The looming threat of demolition of a 150 years old palace, Irrum Manzil, due to the decision of the Council of Ministers on 18.06.2019, to construct a new legislative complex at the site of the palace, has agitated the people of Hyderabad. For, the proposed construction of the legislative complex would be possible only with the demolition of the palace. Proud as people are of their heritage and culture of the beautiful city of Hyderabad, eight Public Interest Litigation (‘PIL’) writ petitions have been filed, challenging the said decision, before this Court.
2. Writ Petition (PIL) No. 86 of 2019, and Writ Petition (PIL) No. 79 of 2019, which have challenged the proposed demolition of the Irrum Munzil, shall be dealt with herein under. For, the most meaningful arguments have been raised by both the parties in these two writ petitions. The other writ petitions, namely W. P. (PIL) Nos. 64, 65, 73, 75, and 80 of 2019 shall be decided separately, but in light of the decision of these two writ petitions. The W.P. (PIL) No. 81 of 2019 shall also be decided separately altogether, as the petitioner therein has not only challenged the proposed demolition of the Irrum Manzil, but has also questioned the constitutional validity of the Telangana Heritage (Protection, Preservation, Conservation and Maintenance) Act, 2017 (“the Act, 2017”, for short).
Brief glimpse of the past and the present:
3. Trained as an architect, in 1870, Nawab Safdar Jung Musheer-ud-Daula Fakhrul-Mulk designed and constructed a 150 room palace for his family. The palace is sprawled over 36 acres, 36 guntas on top a hillock known as “Erragadda” or “red hill” in Telugu language. The word “Errum” means the colour ‘red’ in Telugu; the word “Iram” means ‘paradise’ in Persian. In order to emphasize the phonetic similarity between the two words, and in order to highlight the commonality of the Hindu and Islamic cultures, Nawab Safdar Jung Musheer-ud-Daula Fakhrul-Mulk named the palace as “Iram Manzil”. Originally, the palace was even painted red in order to underline the Telugu word, “Erram”. Presently, the building is called “the Irrum Manzil”.
4. The Irrum Manzil is a unique combination of the Deccani, the Rajasthani, and the European Baroque architecture. The palace is famous for its stucco ornamentations. It is claimed that the palace was originally furnished with Louis XVI furniture. The palace not only had a nine-hole golf course, but also had a polo ground, stable for horses, and even a dairy farm. Initially the palace used to overlook the Hussain Sagar Lake. But presently, due to urban construction, the view is blocked.
5. At its height, the palace had seen the strengthening of relationship between the Nizam of Hyderabad and the British. The palace had hosted dinners and lavish events for the British nobility, in general, and for the British Resident at Hyderabad, in particular. Thus, the building is not only a part of the history of the Nizams of Hyderabad, but is equally a part of the colonial past of our country.
6. Furthermore, it is not only the palace which reflected the pluralistic ideology and lifestyle of the Nawab, but the family itself was known for celebrating Hindu and Muslim festivals alike. Thus the Irrum Manzil is an important milestone in the history of Nizam Kingdom. It symbolises the very spirit and ethos for which Hyderabad is well-known, namely as a city of confluence of various traditions, cultures, civilizations, which peacefully co-exist and generously acknowledge the contributions made by each other. Thus, the palace reflects the plurality, the multi-dimensionality of our people, and the concept of unity amongst diversity.
7. But with the afflux of time, the palace deteriorated in its condition, and declined in its importance. Abandoned and forlorn, it stands as a mute testimony of a glorious era of histor
