V K BAWA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners who are said to be public-spirited citizens, have filed this writ petition in the nature of public interest litigation claiming inter alia the following reliefs: .... to issue a writ of mandamus or any other appropriate writ or order or direction declaring the action of the respondents in not taking steps to preserve the structures in he old city of Hyderabad, especially within the Heritage Precincts of city as declared by Respondent No.2 on 30.4.2000 is violative of the declared policy of the Government to get the status of Heritage City as per UNESCO norms and G.O. 542 dated 14.12.1995 and the notification of R2 No.3023/PR/HUDA/2000 dated 30.4.2000 and consequently direct the respondents (i) to take steps to preserve all the buildings in Heritage Precincts area (ii) to conduct comprehensive studies on the foundation of Charminar and the Tunnels leading to Golconda Fort for taking steps to get the World Heritage Status from UNESCO and pass such or further orders as deemed fit.

(2.) Preservation of Heritage Buildings and Heritage Precincts had been the subject-matter of a policy decision by the State. The Government of Andhra Pradesh by its order in G.O. Ms. No.542, Municipal Administration and Urban Development Department, dated 14th December, 1995 accorded its approval to the Hyderabad Urban Development Authority (HUDA) for addition of a new regulation to the existing Hyderabad Urban Development Authority Zoning Regulations, 1981 ('1981 Regulations' for brevity) for the conservation of Historical Buildings and areas in Hyderabad City. Pursuant to and in furtherance thereof, the HUDA, in exercise of its power under Section 59(1) of the Andhra Pradesh Urban Areas (Development) Act, 1975 ('1975 Act' for brevity) has issued a notification including Regulation 13 in the 1981 Regulations. Sub-Regulations (1) and (2) of Regulation 13 reads thus: Regulation No.13: Conservation of listed buildings, areas, artefacts, structures and precincts of historical and/or aesthetical and/or architectural and/or cultural value (heritage buildings and heritage precincts) including rock formations : I. Applicability: This regulation will apply to those buildings, areas, artefacts, structures and precincts of historical and/or aesthetical and/or architectural and/or cultural value (Heritage Buildings and Heritage Precincts) which will be listed in notification (s) to be issued by the Government. The Authority shall invite public objections and suggestions in three local newspapers before finalising the list. Restrictions on Heritage Buildings and Heritage Precincts shall be in force with effect on and from the date of first notification. 2. Restriction on development/re-development/ repairs, etc.: (i) No Development or re-development or engineering operation or additions, alterations, repairs, renovation including the painting of buildings, replacement of special features or demolition of the whole or any part thereof or plastering of said Heritage Buildings or Heritage Precincts shall be allowed except with the prior written permission of the Vice-Chairman, Hyderabad Urban Development Authority. The Vice-Chairman, Hyderabad Urban Development Authority shall act on the advice of/in consultation with the Heritage Conservation Committee to be appointed by Government (hereafter called "the said Heritage Conservation Committee"): Provided that in exceptional cases, for reasons to be recorded in writing, the Vice-Chairman, Hyderabad Urban Development Authority may overrule the recommendation of Heritage Conservation Committee; Provided further that the power to overrule the recommendations of the Heritage Conservation Committee shall not be delegated by the Vice-Chairman, Hyderabad Urban Development Authority to any other officer. (ii) In relation to religious buildings in the said list, the changes, repairs, additions, alterations and renovations required on religious grounds mentioned in sacred texts, or as a part of holy practices laid down in religious codes shall be treated as permissible, subject to their being accordance with the original structure and architecture, designs, aesthetics and other special features thereof. Provided that before arriving at his decision, the Vice-Chairman, Hyderabad Urban Development Authority shall take into consideration the recommendations of the Heritage Conservation Committee.

(3.) The Government by its order in G.O. Ms. No.416, Municipal Administration and Urban Development (II) Department, dated 12.8.1996, for discharge of the functions by the Heritage Conservation Committee, issued the guidelines for appointing the committee, which includes qualification/composition and the terms of reference of the committee. The Government has also issued another Government Order vide G.O. Ms. No.417, M.A., Municipal Administration and Urban Development (II) Department, dated 12.8.1996 constituting the Heritage Conservation Committee. The Vice-Chairman, HUDA, has issued a notification bearing No.3023/PR/HUDA/2000 dated 30.4.2000 stating: Regulations 13 (1) of Hyderabad Urban Development Authority Zoning Regulations provides for the notification of Precincts of historical and/or architectural and/or cultural value. According to Regulation 13(7), buildings included in Heritage precincts shall maintain the skyline in the precinct as may be existing in the surrounding area, so as not to diminish or destroy the value and beauty of the said precincts. The notification of Heritage Precincts will imply that development proposals, street furniture, road widening proposals and outdoor publicity within the Heritage Precincts shall need to be approved by the Vice-Chairman, HUDA and the Heritage Conservation Committee, before permission is granted by the Municipal Corporation of Hyderabad or other competent authorities. Under Regulation 13 (1) of Hyderabad Urban Development Authority Zoning Regulations, 1981, as amended, the Hyderabad Urban Development Authority hereby publishes the first notification of the following six additional Heritage Precincts covering certain historical localities and areas of environmental importance: