IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE EIGHTEEENTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI THE ACTING CHIEF JUSTICE AND THE HONOURABLE SRI G.CHANDRAIAH WRIT PETITION No. 3 0 3 2 OF 2005 Between: C.S. Rao Retiredf Indian Economic Service Government of India, President Ppraja Spandana, 302, Sri Venkateswara Towers, 5th Lane, Dwarakanagar, Visakhapatnam Visakhapatnam district. …. Petitioner V/s. The Government of Andhra Pradesh Represented by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad, Hyderabad district & 5-Ors. … Respondents Counsel for the Petitioner : Party-in-person Counsel for the Respondents: GP for Municipal Corporation GP for Revenue Sri V. Preethi Reddy THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI THE ACTING CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No. 3 0 3 2 OF 2005 J U D G M E N T : (Per the Hon'ble Smt.Justice T.Meenakumari, The Acting Chief Justice) The writ petition is filed seeking mandamus to call for the records and remarks from the respondents relating to plans announced by the Visakhapatnam Urban Development Authority to convert the vacant land available in the old Central Jail, Visakhapatnam, by demolishing century old compound wall and felling trees into a commercial complex including setting up of an I- MAX theatre and thereby causing increase of the levels of pollution traffic, congestion etc., and to pass appropriate orders directing the concerned authorities to stop further damage to the ecology and to pass such other suitable orders as this court may deem fit and proper in the circumstances of the case. 2. On 24-02-2005 this court passed the following order in the main writ petition: One C.S. Rao, Retired Indian Economic Service and President of Praja Spanandana, who sent a fax letter to the Chief Justice was called upon to file a proper affidavit and thus he filed his affidavit, which has now been taken up as a writ petition in public interest. The petitioner’s grievance is that about two years ago the land of old Central Prison measuring about Ac:30- 00 became free after the jail is shifted to Adivivaram on the outskirts of the Visakhapatnam city. Then the question of utilization of the vacant land became a highly controversial issue. Considering the relevant facts including the environmental hazards etc., a public statement was made by the-then Hon’ble Minister for Commercial Taxes that Ac:24-00 of land would be left out for lung space in the vacant land of old Central Prison and nearly about Ac:5-00 will be partially allotted to the Women’s College and for a shopping complex. This was the decision taken in the interest of the general public of Visakhapatnam and from the environmental point of view but abruptly, there was a press note dated 21-1-2005 by which it appears that the vacant land is sought to be developed and part of it is being allotted to an I-MAX theatre complex which will not only create traffic congestion but also will be harmful to the adjoining educational institutions. Thus, a direction is sought not to allot/assign any land for the I-MAX theatre and that there should be a plan for utilization of the land for the benefit of the public of Visakhapatnam. Rule Nisi. Call for records. Notice returnable in four weeks. Notice on behalf of respondents 1 to 3 is accepted by the Government Pleader for Municipal Administration. Notice on behalf of R4 is accepted by Sri S.V. Bhatt. Issue notice to VUDA. Respondents are called upon to file their counter-affidavits in four weeks. In the meanwhile, it is directed that statusquo obtaining as on today shall continue to be maintained with respect to Ac: 30-00 of land vacated by the jail authorities and there shall not be any allotment of the said land except with the prior approval of the Court. List on 28-3-2005. 3. Today when the matter is listed, Smt. V. Preethi Reddy, the learned counsel submits that this matter is connected with W.P.No.3061 of 2005 and this court dismissed the connected WP.No. 3061 of 2005. Hence, the said order passed by this court is squarely covered in the present writ petition. 4. Heard both sides. 5. In WP.No. 3061 of 2005, this court passed the following order : In this petition filed as a public interest litigation, a devotee of Sri Vaaralakshmi Narasimha Swamy is questioning the action of the respondents 1 to 3 in utilizing Ac:29-78 cents of land located in the heart of Visakhapatnam city when earlier Central Jail housed by allotting them to Imax Theatre as recommended by VUDA. There is already a public interest litigation filed for this land. Rule Nisi. Call for records. Notice returnable in four weeks. List this W.P. along with WP.No. 3032 of 2005. On the same day, this court passed the following order in WP.MP.No. 4133 of 2005: Govt.Pleader for Endowments accepts notice for R3 and R4. Government Pleader for Home and Revenue also accepts notice for Respondents 1, 2 and 5. Issue notice to Respondent No.6. Till further orders, statusquo obtaining as on today shall continue to be maintained and there shall not be any allotment of the land to anybody and there shall not be any change in the nature of the land. List on 28-3-2005. Today when the matter is listed, the learned counsel for the writ petitioner seeks leave of this Court to withdraw this writ petition with a leave to avail such remedies as may be available to the petitioner in law. Leave is accordingly granted. The writ petition is accordingly dismissed as withdrawn. It is needless to observe that if the petitioner avail any such remedy, the same shall be considered on its own merits uninfluenced by the dismissal of this writ petition. No costs. 6. Following the order passed in WP.No. 3061 of 2005, as aforesaid, this writ petition is dismissed, as it stands on the same footing. However, in the circumstances, there shall be no order as to costs. ____________________________ JUSTICE T. MEENA KUMARI THE ACTING CHIEF JUSTICE ________________________________ JUSTICE G. CHANDRAIAH 18-02-2010. I s L N B : Furnish CC in two days. B/o. I s L THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI THE ACTING CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No. 3 0 3 2 OF 2005 Judgment of the Division Bench delivered by the Hon'ble Smt. Justice T. Meenakumari, THE ACTING CHIEF JUSTICE) Circulation Entry No. Date: 18-02-2010 COMPUTER No. 43 Court Master: I s L