IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT HON'BLE SRI DEVINDER GUPTA, CHIEF JUSTICE and HON'BLE SRI JUSTICE M.NARAYANA REDDY WRIT PETITION No.22263 of 2004 Between: Forum for a Better Hyderabad rep by Member of Heritage Cell Manatosh Mandal, S/o late Debendranath Mandal 6-3-1219/1/E, Umanagar, Begumpet, Hyderabad-16 ..... PETITIONER AND 1. Government of A.P., rep by Principal Secretary, Municipal Administration and Urban Development of Andhra Pradesh, Secretariat, Buildings Hyderabad 2 Hyderabad Urban Development Authority, (HUDA) rep by Vice Chairman, Begumpet, Hyderabad 3 Municipal Corporation of Hyderabad rep by Commissioner, Tank und, Hyderabad .....RESPONDENTS 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, or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents to demolish "G" Block, secretariat Complex, Hyderabad as unconstitutional and violation of Article 49 of Constitution of India and consequently direct the authorities to take steps to preserve the buildings as was done in the case of Nampally Sarai. Counsel for the Petitioner :Sri K.S.MURTHY Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORAL ORDER: (Per Hon’ble the Chief Justice) Writ Petition is filed by a Member of Heritage Cell of the Forum for a Better Hyderabad as public interest litigation seeking to declare the action of respondents to demolish ‘G’ Block, Secretariat Complex, Hyderabad, as illegal, unconstitutional and violative of Article 49 of the Constitution of India and direct the authorities to take steps to preserve the building as was done in the case of Nampally Sarai. Interim order was passed on 02nd December, 2004 by which respondents were called upon to file affidavit in reply. G.Ananda Rao, Deputy Secretary to Government, General Administration Department, Government of Andhra Pradesh, has filed the affidavit in reply stating that ‘G’ Block building in the Secretariat was constructed during the year 1928 and the same has outlived its life as it is showing up signs of distress and damages such as broken rafters of the roof, serious cracks and leakages etc. Further, the Road and Buildings Department in its letter dated 31-08-2000 also reported that Blocks D, E, G and H in the Secretariat building are unfit for use and recommended evacuation from the said blocks to avoid any untoward incident. Accordingly, a Master Plan of Secretariat buildings was evaluated and construction of new Blocks was undertaken. Three blocks have already been demolished and fourth block only remains to be demolished. It is also stated that G-Block building in the Secretariat along with other buildings have not been included in any of the grades or categories notified as Heritage buildings and Heritage precincts in Hyderabad city. Petitioner filed rejoinder controverting the stand of the fourth respondent reiterating that G-Block building was constructed in the year 1888 as per record and not in 1928. Certain material is placed on record in support of its submission. It is stated that notification, which was issued in the year 1998, is not final and identifying and notifying heritage buildings and heritage precincts is continuous process and there is a Committee constituted which alone has to take decision thereupon. The Committee has been entrusted with the task of preparing the supplementary list of buildings, precincts, areas, artefacts, structures of historical, aesthetical, architectural or cultural value to which Regulation No.13 of Zoning Regulations would apply. G.O.Ms.No.542 Municipal Administration and Urban Development Department dated 14-12-1995 was issued by the Government according its approval to Hyderabad Urban Development Authority for addition of a new Regulation to the existing Hyderabad Urban Development Authority Zoning Regulations, 1981 for the Conservation of Historical Buildings and areas in Hyderabad city. Regulation, which is incorporated, is Regulation No.13. Pursuant to the amendment to the Regulation, by G.O.Ms.No.416 Municipal Administration and Urban Development (II) Department dated 12-08-1996, with a view to constitute Heritage Conservation Committee to discharge its duties and functions, the Government notified the qualification for membership of the Heritage Conservation Committee and terms of reference of the Committee. One of the terms of reference of the Committee is to prepare supplementary list of buildings, precincts, areas, artefacts, structures of historical, aesthetical, architectural or cultural value to which Regulation No.13 would apply. It is this Committee which was constituted by G.O.Ms.No.416 dated 12-08-1996, which submitted its report and G.O.Ms.No.102 Municipal Administration and Urban Development (II) Department dated 23-03-1998 was issued after inviting public objections and suggestions as required under Zoning Regulations, wherein out of 150 buildings, 137 buildings were declared as heritage buildings. Admittedly, the building in question is not included in the list as per the Regulation. Whether or not the building in question has any historical, aesthetical, architectural or cultural value and would be required to be added to the heritage buildings or its precincts, necessarily will have to be looked into by the Heritage Conservation Committee, which, according to the information supplied by the learned counsel for the petitioner is still in existence and meeting on 07th January, 2005. The Committee has to submit its report, which may be considered and on that basis, notification might be amended by addition or deletion. No doubt, according to respondents, the building in question has outlived its life, but the question as whether the building has to be preserved as heritage building or not or will have to be demolished will be dependent upon the report of the Committee. Accordingly, we dispose of the writ petition with direction that the entire material placed on record in this case be made available to the Committee, namely Heritage Conservation Committee constituted under Regulation 13(2) of Hyderabad Urban Area Development Authority Zoning Regulations, 1981. The Committee will take its decision and submits its opinion to the Government. In case it recommends that the building in question is not to be included in the heritage buildings, nothing would prevent the respondents from proceeding ahead in its developmental activities by demolition of the building in question. In case the Committee expresses opinion to include it in the heritage buildings, it will be for the Government to take steps to amend the notification. Since Committee is stated to be meeting on 07th January, 2005, the matter will be placed before the Committee. The Committee will take a decision within a period of one month from the date of receipt of the order and record, a copy of which may be produced either by the petitioner or respondents. Till the decision of the Committee is rendered, status quo as of today shall continue to be maintained by the parties. _________________________ DEVINDER GUPTA, C.J. ________________________ M.NARAYANA REDDY, J 31-12-2004 bsc .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Principal Secretary, Municipal Administration and Urban Development Government of A.P., Secretariat, Buildings Hyderabad 2 The Vice Chairman, Hyderabad Urban Development Authority, (HUDA) Begumpet, Hyderabad 3 Municipal Corporation of Hyderabad rep by Commissioner, Tank und, Hyderabad 4. 2CCs to Govt. Pleader for Municipal Admn., High Court buildings, Hyderabad (OUT) 5. 2CD copies Form-NIC-OGS/WP{TRT}