USHODAYA ENTERPRISES LIMITED Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners seek a writ of mandamus or other appropriate order or direction declaring Bhagyanagar (Hyderabad) Urban Development Authority Regulations, 1981, Bhagyanagar (Hyderabad) Multi-storeyed Building Regulations, 1981 and the Government Memo No.2116/1(1)/81-1 MA, dated 2-2-1982 as null and void and consequently to declare that the 1 st petitioner's use of the premises bearing No.6-3-570, Somajiguda, Hyderabad, for commercial purposes including printing and publishing of newspapers and various structures raised therein are in accordance with the Development Plan sanctioned by the Government vide G.O. Ms. No.414, dated 27-9-75 and published under Rule 13 of the Municipal Corporation of Hyderabad (Development Plan) Rules, 1967, which is the Master Plan under the said Act and therefore in accordance with law; and consequently to direct the respondents not to take any action against the constructions and use thereof in respect of premises bearing No.6-3-570, Somajiguda, Hyderabad or any part thereof.

(2.) The broad facts of the case, which are relevant for the disposal of the writ petition are as under: The first petitioner entered into an agreement of lease in 1975 with the owner of a premises in Somajiguda, Hyderabad. Thereupon he constructed a printing press and the administrative block. A.P. Urban Areas Development Act, 1975 (for short 'the Act') came into force from 1-10-1975. The development plan was sanctioned by the MCH as per the rules in force, which is deemed to be the Master Plan under the said Act. As per the said Master Plan, the premises was earmarked in the public and semi-public use zone. The zoning regulations permitted, on appeal, commercial use of the land in the public and semi-public use zone. Subsequently the Bhagyanagar Urban Development Authority Zoning Regulations. 1981 (for short, 'the 1981 Zoning Regulations') and Bhagyanagar Urban Development Authority Mulli-Sloreyed Building Regulations, 1981 (for short 'the 1981 Building Regulations') were brought into force from 5-9-1981. The 1981 Zoning Regulations supersede the zoning regulations contained in the Master Plan and introduced changes in the Land Use Zones. The Government issued the impugned memo dt. 2-2-1982 making certain amendments to the Land Use Zones thereby the areas marked as public and semi-public use zones were treated as purely residential. By the change of the Zoning Regulations, the construction of building for printing press by the 1 st petitioner is not permitted. The 1st petitioner therefore, made an application in 1983 for permission 10 construct four additional floors to the building, granting relaxation of 1981 Zoning Regulations. The Government (R1 herein) accordingly issued relaxation in G.O. Rt. N0.1062 M.A., dated 13-12-1983, exercising the power under Regulation 12 of Zoning Regulations and Regulation 19 of Building Regulations, thus changing the land use in the Master Plan. Thereafter the 1 st petitioner constructed the additional 4 floors.

(3.) The owner of the land Smt. Ramanamma, in WP 10270/85 questioned the grant of relaxation as illegal and void on various grounds. One of the grounds raised was that the mandatory procedure under Section 12 of the Act was not followed. The writ petition was allowed by judgment dated 30-11-1988, accepting the contentions raised by the petitioner-landlady. Aggrieved by that judgment, the 1st petitioner filed Writ Appeal 454/89. However, the same was dismissed by judgment dated 29-4-1997. The 1st petitioner preferred SLP before the Hon'ble Supreme Court, which was also dismissed on 17-10-1997.