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IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD
(SPECIAL ORIGINAL JURISDICTION)
THURSDAY THE NINETEENTH DAY OF JUNE
TWO THOUSAND AND THREE
PRESENT
THE HON'BLE SHRI. DEVINDER GUPTA, THE CHIEF JUSTIC
AND
THE HON'BLE MR.JUSTICE: A.GOPAL REDDY
WRIT PETITION NO. 67 OF 2003.
Between:-
A. Ramesh Yadav…. Petitioner
and
1. The Vice-Chairman, Hyderabad Airport Development Authority ,
C/o. Vice-
Chairman , HUDA, Paigah Palace, Opp.Police Lines, Rasoolpura,
Secunderabad
2. The District Collector, RR District, Lakdikapool, Hyderabad
3. The Principal Secretary to Government, Municipal Administration & Urban
Development (II)Department , Govt. of A.P., Secretariat, Hyderabad
4. The Managing Director, .Hyderabad Metro Water supply & Sewerage Board, Hyderabad
5. The A.P.Pollution Control Board, Ameerpet, Hyderabad
Rep. by its Chairman.
6. The District Registrar, (R.R.District) Moosapet, Hyderabad
......Respondents
------------
Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, direction or order, more particularly one in the nature of writ of Mandamus declaring the action of the Government in issuing the Impugned public notification No. 248/HADA/01/2001, Dt.14.8.2002 as illegal, immoral as it is violative of Art. 14 & 21 of Constitution of India, and consequently direct the Government to set the things in order duly regularizing all the layouts made till this day in and around the International Airport, Shamshabad and the alleged catchment area of Osman Sagar and Himayatsagar lakes, and to prepare certain guidelines tomake the entire process easy and;
ii) It is also prayed that this Honourable Court may be pleased to declare that the G.O.Ms.No. 352, M.A., Dt. 30th July,2001 as ultra virus of the Andhra Pradesh Urban Areas (Development) Act, 1975 and consequently to quash the same.
iii) It is also prayed that to declare the action of the 2nd and 6th respondents in stopping the Registrations of lands vide Proc.B2/2196/02, dt.21.10.2002 is illegal and contrary to law and consequentially quash the same in the interest of Justice.
FOR THE PETITION: MR. RAMESH YADAV, PARTY-IN-PERSON (NOT PRESENT)
FOR THE RESPONDENT NO.1: KUM. C.SINDHU KUMARI, ADVOCATE
FOR THE RESPONDENT NO. 2 & 3:GOVT. PLEADER FOR MUNICIPAL ADMN.
FOR THE RESPONDENT NO.4:MR.KISHEN RAO. SC FOR HMWS & Sb
FOR THE RESPONDENT NO.5:MR. S.S.BHATT, SC FOR APPCB.
FOR THE RESPONDENT NO.6:--
THE COURT AT THE ADMISSION STAGE MADE THE FOLLOWING JUDGEMENT:-
HONOURABLE SHRI DEVINDER GUPTA
THE CHIEF JUSTICE
AND
HONOURABLE SHRI JUSTICE
A.GOPAL REDDY
W.P.67 OF 2003
ORAL JUDGMENT
(Per Hon'ble Shri Devinder Gupta C.J.)
None for the Petitioner.
This Writ Petition has been filed as PIL by one A.Ramesh Yadav, an Advocate, purporting to be in public interest. By this petition, the petitioner seeks a direction to declare the action of the Government in having issued public notification No.248/HADA/01/2001, dated 14.8.2002 as bad, illegal, immoral and violative of Articles 14 and 21 of the Constitution of India. Consequently he sought for a further direction to the respondents to regularize all the layouts made till this date in and around the International Airport, Shamshabad and the alleged catchment area of Osman Sagar and Himayatsagar Lakes.
A counter-affidavit is filed on behalf of the first respondent by one Ravinder Reddy, Secretary of the Hyderabad Urban Development Authority pointing out that many unauthorised layouts have come up during the years 1998 to 2001 in and around the Bangalore High way (National Highway No.7) trying to capitalize on the location of the proposed International Airport at Shamshabad. These do not have the approval of the Director of Town and Country Planning, Andhra Pradesh since they are falling in the 10 KM prohibited zone of the Himayatsagar catchment area which was notified by the Government on 8.3.1996. It is stated that these areas were outside the limits of Hyderabad Urban Development Authority area and were under the purview of the Director of Town and Country Planning, Andhra Pradesh and the Collector, Rangareddy District. When these areas were subsequently brought within the jurisdiction of the 1st respondent in the newly created authority namely, Hyderabad Airport Development Authority, 2002, the new Authority took up action to stop unauthorized layouts. As many as 128 such unauthorised layouts are identified by the HADA and public caution notice was issued. From the averments made in the affidavit filed in support of the petition as also stand taken by the respondents in the counter-affidavit, it appears that the writ petition is not bona fide and it is not directed in any larger public interest. Filing such petition seeking to get direction to regularize layouts made unauthorisedly cannot be termed as a public interest rather it is a disservice to the public. And it is nothing but abuse of process of law. The Writ petition is devoid of merits. It is dismissed accordingly.
sd/- S.Varalakshi
Asst. Registrar
// True copy//
Sd/-
Section officer.
1. The Vice-Chairman, Hyderabad Airport Development Authority , C/o. Vice-
Chairman,HUDA, Paigah Palace, Opp.Police Lines, Rasoolpura, Sec'bad
2. The District Collector, RR District, Lakdikapool, Hyderabad
3. The Principal Secretary to Government, Municipal Administration & Urban
Development (II)Department , Govt. of A.P., Secretariat, Hyderabad
4. The Managing Director, .Hyderabad Metro Water supply & Sewerage Board, Hyd.
5. The A.P.Pollution Control Board, Ameerpet, Hyderabad Rep. by its Chairman.
6. The District Registrar, (R.R.District) Moosapet, Hyderabad
7. 2 ccs to the Govt. Pleader for Municipal Admn. (o.u.t)
8. 2 c.d. copies
9. 1 cc to Mr.A.Ramesh Yadav, Party-in person., (opuc)
Dt. 19-6-2003
Judgement W No.67 of 2003
Dismissing the W.P. at the admission stage, without costs.
Planning Officer (DC), HUDA
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD
(SPECIAL ORIGINAL JURISDICTION)
THURSDAY THE NINETEENTH DAY OF JUNE
TWO THOUSAND AND THREE
PRESENT
THE HON'BLE SHRI. DEVINDER GUPTA, THE CHIEF JUSTIC
AND
THE HON'BLE MR.JUSTICE: A.GOPAL REDDY
WRIT PETITION NO. 67 OF 2003.
Between:-
A. Ramesh Yadav …. Petitioner
and
1. The Vice-Chairman, Hyderabad Airport Development Authority , C/o. Vice-
Chairman , HUDA, Paigah Palace, Opp.Police Lines, Rasoolpura,
Secunderabad
2. The District Collector, RR District, Lakdikapool, Hyderabad
3. The Principal Secretary to Government, Municipal Administration & Urban
Development (II)Department , Govt. of A.P., Secretariat, Hyderabad
4. The Managing Director, .Hyderabad Metro Water supply & Sewerage Board, Hyderabad
5. The A.P.Pollution Control Board, Ameerpet, Hyderabad
Rep. by its Chairman.
6. The District Registrar, (R.R.District) Moosapet, Hyderabad
….Respondents
-------
Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, direction or order, more particularly one in the nature of writ of Mandamus declaring the action of the Government in issuing the Impugned public notification No. 248/HADA/01/2001, Dt.14.8.2002 as illegal, immoral as it is violative of Art. 14 & 21 of Constitution of India, and consequently direct the Government to set the things in order duly regularizing all the layouts made till this day in and around the International Airport, Shamshabad and the alleged catchment area of Osman Sagar and Himayat sagar lakes, and to prepare certain guidelines tomake the entire process easy and;
ii) It is also prayed that this Honourable Court may be pleased to declare that the G.O.Ms.No. 352, M.A., Dt. 30th July,2001 as ultra virus of the Andhra Pradesh Urban Areas (Development) Act, 1975 and consequently to quash the same.
iii) It is also prayed that to declare the action of the 2nd and 6th respondents in stopping the Registrations of lands vide Proc.B2/2196/02, dt.21.10.2002 is illegal and contrary to law and consequentially quash the same in the interest of Justice.
FOR THE PETITION: MR. RAMESH YADAV, PARTY-IN-PERSON (NOT PRESENT)
FOR THE RESPONDENT NO.1: KUM. C.SINDHU KUMARI, ADVOCATE
FOR THE RESPONDENT NO. 2 & 3:GOVT. PLEADER FOR MUNICIPAL ADMN.
FOR THE RESPONDENT NO.4:MR.KISHEN RAO. SC FOR HMWS & Sb
FOR THE RESPONDENT NO.5:MR. S.S.BHATT, SC FOR APPCB.
FOR THE RESPONDENT NO.6:--
THE COURT AT THE ADMISSION STAGE MADE THE FOLLOWING JUDGEMENT:-
HONOURABLE SHRI DEVINDER GUPTA
THE CHIEF JUSTICE
AND
HONOURABLE SHRI JUSTICE
A.GOPAL REDDY
W.P.67 OF 2003
ORAL JUDGMENT
(Per Hon'ble Shri Devinder Gupta C.J.)
None for the Petitioner.
This Writ Petition has been filed as PIL by one A.Ramesh Yadav, an Advocate, purporting to be in public interest. By this petition, the petitioner seeks a direction to declare the action of the Government in having issued public notification No.248/HADA/01/2001, dated 14.8.2002 as bad, illegal, immoral and violative of Articles 14 and 21 of the Constitution of India. Consequently he sought for a further direction to the respondents to regularize all the layouts made till this date in and around the International Airport, Shamshabad and the alleged catchment area of Osman Sagar and Himayatsagar Lakes.
A counter-affidavit is filed on behalf of the first respondent by one Ravinder Reddy, Secretary of the Hyderabad Urban Development Authority pointing out that many unauthorised layouts have come up during the years 1998 to 2001 in and around the Bangalore High way (National Highway No.7) trying to capitalize on the location of the proposed International Airport at Shamshabad. These do not have the approval of the Director of Town and Country Planning, Andhra Pradesh since they are falling in the 10 KM prohibited zone of the Himayatsagar catchment area which was notified by the Government on 8.3.1996. It is stated that these areas were outside the limits of Hyderabad Urban Development Authority area and were under the purview of the Director of Town and Country Planning, Andhra Pradesh and the Collector, Rangareddy District. When these areas were subsequently brought within the jurisdiction of the 1st respondent in the newly created authority namely, Hyderabad Airport Development Authority, 2002, the new Authority took up action to stop unauthorized layouts. As many as 128 such unauthorised layouts are identified by the HADA and public caution notice was issued. From the averments made in the affidavit filed in support of the petition as also stand taken by the respondents in the counter-affidavit, it appears that the writ petition is not bona fide and it is not directed in any larger public interest. Filing such petition seeking to get direction to regularize layouts made unauthorisedly cannot be termed as a public interest rather it is a disservice to the public. And it is nothing but abuse of process of law. The Writ petition is devoid of merits. It is dismissed accordingly.
sd/- S.Varalakshi
Asst. Registrar
// True copy//
Sd/-
Section officer.
1. The Vice-Chairman, Hyderabad Airport Development Authority , C/o. Vice-
Chairman,HUDA, Paigah Palace, Opp.Police Lines, Rasoolpura, Sec'bad
2. The District Collector, RR District, Lakdikapool, Hyderabad
3. The Principal Secretary to Government, Municipal Administration & Urban
Development (II)Department , Govt. of A.P., Secretariat, Hyderabad
4. The Managing Director, .Hyderabad Metro Water supply & Sewerage Board, Hyd.
5. The A.P.Pollution Control Board, Ameerpet, Hyderabad Rep. by its Chairman.
6. The District Registrar, (R.R.District) Moosapet, Hyderabad
7. 2 ccs to the Govt. Pleader for Municipal Admn. (o.u.t)
8. 2 c.d. copies
9. 1 cc to Mr. A. Ramesh Yadav, Party-in person., (opuc)
Dt. 19-6-2003
Judgement W No.67 of 2003
Dismissing the W.P. at the admission stage, without costs.
Continued...
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