ADVOCATE GENERAL Vs. STATE OF A P

JUDGEMENT

(1.) The common law jurisprudence of individual enjoyment of ownership and property has been replaced by community welfare and community well being. Indeed, the common law theory of individual ownership has beerr unshackled by the environmental law that no one can pollute and no one can curtail the right of a cocitizen in the guise of enjoying one's property is well accepted in all world jurisdictions. These principles seem to be violated and flouted day in and day out by the ruler as well as the ruled in urban constructions. This is the signature theme of this judgment in this taken up writ petition which has been assigned to me by the successive Chief Justices notwithstanding the fact that cognizance was taken by me as "taken up as writ petition".

(2.) It was Saturday on 4-3-2000 when I received a Telephone call from My Lord the Hon'ble the then Chief Justice M.S. Liberhan asking would I mind to take up house motion. After getting nod from me to go to High Court buildings to take the case, all things moved quickly. A builder; a greedy person, who undertakes the business of constructing group housing by way of multistoried buildings obtained status quo order from the High Court in a writ petition and completed construction (?) and the said building within a few months collapsed on 3-3-2000. The Municipal Corporation of Hyderabad (MCH) which was still then slumbering and in winterly hibernation moved an application for vacating interim order so that it will not be hauled up for contempt of court if they remove almost collapsed or collapsing colossal building in a busy residential area. That such thing happened was known to everybody in great city-Hyderabad, for it was in the headlines in all the newspapers. On 4-3-2000 'the Hindu' English Daily Newspaper reported a news item under the heading 'Building crash raises disturbing questions'. It is to the effect that

(3.) At a special sitting at 2.30 p.m. after disposing of the matter vacating the stay/ status quo which would certainly enable the MCH to remove the collapsed building to avoid further damage to life and property, I directed to register taken up Writ Petition, and also directed as follows: The Registrar (Judicial) to issue a public notice to all the concerned in one leading English Newspaper and one Telugu Newspaper circulated in the entire State. also passed an interim order to the following effect: