USHODAYA PUBLICATIONS PRIVATE LIMITED Vs. M RAMANAMMA

JUDGEMENT

(1.) Writ Appeal No. 454 of 1989 is directed against the judgment of the learned single Judge allowing the Writ Petition No. 10270 of 1985 filed by the 1st respondent and quashing the orders of the Government in G.O. (RT) No. 1062, M.A. dated 30-12-83 and the orders issued in Memorandum No. 103/M1/84-1, M.A. dated 16-1-1984.

(2.) Respondent No. 1 herein filed the Writ Petition No. 10270 of 1995 for a Writ of Mandamus declaring the action of the Government of Andhra Pradesh - 2nd respondent herein - in granting relaxation of Zoning Regulations, 1981, in favour of the appellant enabling the appellant to take up construction of certain additions at ground floor and also to take up new constructions i.e. construction of 2nd to 5th floors over the existing ground and 1st floors or to erect plant and machinery at premises No. 63-570 (Eeenadu Compound), Somajiguda, Hyderabad, in G.O. Ms. No. 1062, M.A. dated 30-12-1983 and in deleting Condition No. 3 in para 2 of G.O. Rt. No. 1062 by the Memo No. 103/M1/84-1, M.A. dated 16-1-1984, as illegal, without jurisdiction and void.

(3.) The facts that led to the filing of the Writ Appeal are as follows :-The 1st respondent - Writ Petitioner viz., Smt. M. Ramanamma is the owner of the premises bearing No. 6-3-570 situated at Somajiguda, Hyderabad consisting of open land and a double storeyed building therein. It would appear that an agreement dated 28-2-1975 was entered into by the 1st respondent with the appellant viz., M/s. Ushodaya Publications Private Ltd., agreeing to lease out the building and the open land with certain conditions stipulated therein, the details of which are not material for the purpose of these proceedings. The appellant was given possession of the open land and the temporary structures standing therein for construction of a building to establish a press to publish what is known as "Eenadu" daily newspaper. It is the case of the 1st respondent that the existing building was in the occupation of the Government and the lease deed would be executed after possession of the building was delivered by the Government and the lease would become operative thereafter. According to the appellant, under the agreement, it is entitled to proceed with the construction of the building in the open land and accordingly it was proceeding. Plans were submitted for construction. The 1st respondent filed O.S. No. 9 of 1976 on the file of the Court of II Addl. Judge, City Civil Court, Hyderabad for delivery of possession of the portion of the land and the appellant in turn filed O.S. No. 59 of 1976 for specific performance of the contract of lease. The litigation pending before the Civil Court is not relevant for the purpose of these proceedings. Since the proposed construction is not in accordance with the Bhagyanagar Urban Development Authority Zoning Regulations, 1981 (for short, "the Zoning Regulations") issued in G.O. Ms. No. 916, M.A. dated 11-8-1981, a proposal has been sent up by the Municipal Corporation of Hyderabad to the Government for necessary relaxation. The appellant has also made a similar request in his letter dated 3-5-1981 to relax the Bye-laws with regard to the open space on the southern and western side. Then remarks have been called for from the Special Officer, Municipal Corporation, who, in his proceedings dated 22-7-1983 wrote to the Government that the site in question is declared as "Public and Semi-public use zone" which is now treated as residential use zone. The proposed construction of the building for printing press is not permissible in a residential zone, and, therefore, the proposal for relaxation of Zoning Regulation 6.1.2 is to be made. The Government, pursuant thereto, issued the orders in G.O. Rt. No. 1062, Municipal Administration and Urban Development Department dated 30-12-1983 exercising the power under Regulation 12 of the Zoning Regulations and Regulation 19 of the Multi-storeyed Building Rules, 1981, relaxing Regulation 6.1.2 of the Zoning Regulations for change of the land use and Regulation 14(ii) of the Multi-storeyed Building Rules to the extent of 6.34 meters to maintain a minimum width of 24 meters in the rear side in favour of the proposed additions in the ground floor and the proposed construction of second to fifth floors over the existing ground floor and first floor, subject to the following conditions :"1. That the petitioners should produce 'No Objection Certificate' from the Director General of Fire Services; That the petitioner should submit structural designs as required under Multi-storeyed Building Rules, 1981. That the owner of the land should also sign the application for the proposed additions in token of having approved the request of the petitioners for proposed additions to the existing ground floor and 2nd to 5th floors."