IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 25766 of 2007 Between: 1 D.Venkateswar, S/o D.Bheemaiah, R/o 2-2-313/1, Amberpet, Hyderabad. 2 D.Sanjay, S/o D.Bheemaiah, R/o 2-2-313/1, Amberpet, Hyderabad. 3 D.Mahesh, S/o D.Bheemaiah, R/o 2-2-313/1, Amberpet, Hyderabad. ..... PETITIONER(S) AND 1 The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad. 2 Chief City Planner, Town Planning Section, Greater Hyderabad Municipal Corporation, Hyderabad. 3 Principal Secretary, Municipal Administration & urban Development, Secretariat, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in issuing the impugned order in Lr.No.562./CSC/TP3/2007/2498 dated 24- 11-2007 as illegal, and in utter violation of the Andhra Pradesh Urban Areas (Development) Act, 1975 and Hyderabad Revised Building Rule 2006 as laid down G.O.Ms.No.86 Municipal Administration and Urban Development (M1) Department dated 3-03-2006 and consequently direct the respondents to accord building permission pursuant to the building application made by the petitioner on 24-03-2007 and modified plans therein objection have been complied with fully in modification application 20/21-9-2007 and pass such other or further order as this Hon'ble Court deem fit and proper in the circumstances. Counsel for the Petitioner: MR.J.RAMACHANDRA RAO Counsel for the Respondents : R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : O R D E R: This writ petition has been filed by D.Venkateswar and others with a prayer to issue a writ of mandamus declaring the action of respondents in issuing the proceedings dated 24-11-2007 vide Lr.No.562/CSC/TP3/2007/2498 as illegal and ultravires of the provisions of Andhra Pradesh Urban Areas (Development) Act, 1975 and Hyderabad Revised Building Rules, 2006 as laid down in G.O.Ms.No.86 Municipal Administration and Urban Development (M1) Department, dated 3.3.2006. The petitioners are owners and possessors of the premises bearing H.Nos.2-3-504/1, 1-2-3-504/1/1 to 1/20, Amberpet, Hyderabad. Application has been submitted for sanction of building permission. Their application came to be rejected on the ground that the width of the road is likely to be extended from 80 feet to 100 feet. For better appreciation I may refer the text of the letter dated 24.11.2007, which reads as under: “ In this case the applicant submitted proposals for construction of Sub-cellar, Cellar, for parking, Ground + 4 upper floors for shops and show-rooms. The proposed site is abutting to amberpet main road (National High Way) leading to Warangal and it is notified ZDP road proposed to 80’-0’ width. Earlier, the GHMC, have taken a decision to increase the width of the ZDP road to next higher level. Accordingly, the site is getting affected under proposed 100’-0’ wide road, but you have shown the affected area under proposed 80-0’ road only. In view of the above, the Building Committee has submitted the proposals and observed that the Ramanthapur Main Road is National High Way and therefore it shall be 100’-0’ in width. Further, the road on the rear side of the site shall be 9 mts. i.e., 4.5 mts from the centerline of the road as per G.O.Ms.No.86, MA dated 3.3.2006. Hence, you are requested to submit revised plans duly providing required road widening portion on both the road, for taking further necessary action in the matter.” Hence, this writ petition. Respondents filed counter affidavit. It is stated in para 6 of the counter affidavit that as per the Zonal Development Plan(ZDP), approved by the Government, the road under reference is earmarked for 80” – 0” wide proposed road. This is an important road and more over the site is abutting to the road from Nimboliadda to Ramanthapur, which is a National Highway leading to Warangal and always with heavy traffic movement. Hence, the Greater Hyderabad Municipal Corporation has proposed to take up this road for 100’ – 0” wide road upto old M.C.H. limits in the interest of public and keeping in view of day by day increasing traffic volume. Heard learned counsel appearing for the petitioners and learned Standing Counsel for GHMC-respondents. Learned counsel appearing for the petitioners submits that the width of the road even as per the contentions of the respondents is 80 feet. No proposal has been finalized with regard to extension of width of the road from 80 feet to 100 feet and therefore the application filed by the petitioners is to be considered keeping in view the width of the road as 80 feet. Learned Standing Counsel for GHMC-respondents submits that the Greater Hyderabad Municipal Corporation keeping in view the likely increase in the traffic conditions and also because of the road in question being a national high way leading to Warangal is planning to extend the road from 80 feet to 100 feet in front of the premises of the petitioners and hence the impugned proceedings in this writ petition have been issued and that they are legal and proper. Right of a person to construct residential house in the residential area is a valuable right. The said right can only be regulated in for regulatory statute but unless thee exists a clear provision, the same cannot be taken away. It is also a trite law that the building plans are required to be dealt with in terms of the existing law. Indisputably no notification has been issued for proposing extension of the width of the road which is in front of the premises of the petitioners from 80 feet to 100 feet. Therefore, the application of the petitioners for building permission is to be considered keeping the width of the road which passes in front of the premises as 80 feet. Accordingly, this writ petition is disposed of directing the respondents to consider the building permission application filed by the petitioners herein and pass appropriate orders. No costs. 18th June 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR //TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 25766 of 2007 18TH June 2008.