J.SHANKAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) These five writ petitions have been filed for challenging the decision of the Council of Ministers dated 18.06.2019 whereby the Cabinet has decided to construct a new legislative complex at the site of the Irrum Manzil, a 150 year old palace, situated in the heart of Hyderabad. Although different reliefs have been prayed for from this Court, but the common denominator remains the same, namely challenging the impugned order mentioned above. Therefore, all these writ petitions are being decided by this common order. WRIT PETITION (PIL) No. 75 OF 2019

(2.) In this writ petition, five reliefs have been sought for, which are as under:

(3.) In consonance with the decision in the aforesaid writ petitions, it is held that the decision of the Cabinet, dated 18.06.2019 is legally unsustainable. Therefore, prayer Nos.2 and 3 are allowed in the same terms. However, under the Telangana Heritage (Protection, Preservation, Conservation and Maintenance) Act, 2017 ("the Act, 2017", for short), it is for the Committee to recommend to the government that Irrum Manzil and other "heritage buildings" existing in Hyderabad should be included in the Schedule attached with the Act, 2017 or not. Thus, this Court will not be justified in directing the government to include Irrum Manzil in Schedule I & II of Act, 2017. Therefore, relief Nos. 4 and 5 claimed by the petitioner in the present writ petition cannot be granted. Hence, Writ Petition No. 75 of 2019 is partly allowed. No order as to costs.