NATRAJ CONSTRUCTION CO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners are 18 in number. They are common in both the Writ petitions. They challenge the validity of Bhagyanagar Urban Development Authority Zoning Regulations issued in G. O. Ms. No. 916, dated 11-8-1981, and published on 13-8-1981 and the Multi-storeyed Building Regulations, 1981, issued in G. O. Ms. No. 917 dated 11-8-1981, and published on 13-8-1981. They also assail the validity of the Building bye-laws of the Municipal Corporation of Hyderabad, issued in G. O. Ms. No. 995 dated 7-8-1981, and published on 10-8-1981. The writ petitions were heard together and are disposed of by this Judgment.

(2.) The petitioners are builders and constructors of Multi-storeyed complexes in various places in the Municipal limits of the twin cities of Hyderabad and Secunderabad. Construction of buildings and laying of roads within the Municipal Corporation of Hyderabad. Chapter XII of the Hyderabad Municipal Corporation Act, 1955, deals with the Building Regulations. The bye-laws are framed in exercise of the power under this Chapter. Chapter deals with planning and Development.

(3.) It cannot be gainsaid that in the recent past population in the urban areas had increased beyond all proportions. The urban development and town planning had not measured up to the standard and slums have developed haphazardously, with the result that even people living in cities were not having the required amenities. There was a long-felt need for setting up of development authorities for metropolitan cities and other large towns to supervise the various activities connected with housing etc., and for looking after the planning and development. It is for this purpose, the Andhra Pradesh Urban Areas (development) Act, 1975, for short, the Urban Act, was enacated by the State Legislature. It came into force on 27-1-1975. It is patterned on the Delhi Development Act of 1957 and the Town and Country Planning Act of 19 of England. It is a legislation enacated for the development of Urban areas according to plan and for matters ancillary thereto.