M V NAYUDU FORUM FOR BETTER HYDERABAD Vs. PRINCIPLE SECRETARY TO GOVT OF ANDHRA PRADESH MCH AND URBAN DEVELOPMENT

JUDGEMENT

(1.) The Forum for Better Hyderabad represented by its Member is the petitioner in this writ petition.

(2.) The Writ Petition by way of Public Interest Litigation was filed for a declaration that Rule 13-A of Urban Development (Hyderabad) Rules, 1975 as unconstitutional and arbitrary and also for a further declaration that the draft notification issued by the 1st respondent-Government of Andhra Pradesh in G.O.Ms.No.363, M.A and Urban Development Department dated 23.8.1995 regarding the change of land use in T.S.No.5/2 (Part) Block No.B. Ward No.80 (Buddha Poornima Project Land) of Khairatabad village as unconstitutional, arbitrary and violative of the provisions of Environment (Protection) Act, 1986 and set aside the same declaring that no commercial activity and structures can come up in the area covered by the aforesaid G.O. and consequently direct the respondents to remove all the structures in the area covered by the G.O. G.O. 363 dated 23.8.1995 issued by the Municipal Administration and Urban Development Department, Government of Andhra Pradesh reads thus:

(3.) In the said notification, the Government made the variations to the zonal development plan for zone No. IV municipal area. The same has been published in the extraordinary is sue of A.P. Gazette No.219 dated 22.5.1995 as required by sub-section (3) of the said Section.