THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.7506 of 2010 ORDER: This writ petition has been instituted in essence questioning the decision of the Kakatiya Urban Development Authority, Warangal, declining to accord permission for construction of a petroleum outlet on the ground that it has proposed to leave a distance of only 2 meters on the northern side, from the existing boundary of Nala, which is passing through whereas the rules require a distance of 9 meters to be so left. It may not be necessary to record the facts leading to the institution of this writ petition. It is enough to note that the writ petitioner submitted an application on 05.03.2009 seeking permission for construction of a petroleum outlet in the land situated in Sy.No.325, Lashkar Singaram Village, Naim Nagar, Hanamkonda to the Warangal Municipal Corporation, which has forwarded the said application to the Kakatiya Urban Development authority, Warangal, for its consideration. The Vice-Chairman of the aforementioned Authority has returned the said application with an endorsement thereon that as against the required distance of 9 meters, the petitioner has proposed to leave a margin of only 2 meters from the existing boundary of the Nala and hence, it is opposed to the provisions of the Andhra Pradesh Revised Common Building Rules, 2008 (for short “The Rules”) promulgamated through G.O.Ms.No.302, Municipal Admn. and Urban Development (M) Dept. Dated 15.04.2008. The learned counsel for the petitioner has drawn my attention to Rule 5 of the Rules, which deals with the restrictions of building activities in the vicinity of certain areas. As per Sub-Clauses (iv) and (v) thereof, 9 meters from the boundary of lakes of area less than 10 Ha/kuntas/Shikam lands and major Canal, Vagu. Etc., is required to be left. As per Sub-Clause (vi) thereof, two meters from the defined boundary of Nalas, Storm water drains etc., has to be provided. Thus, if any constructions are sought to be made in the vicinity of either the lakes or kuntas/shikam lands or major canals and vagus etc., a distance of 9 meters from its boundary is required to be provided. But, if it is a nala, Sub-Clause (vi) of Rule 5 (b) requires only two meters distance to be left out. Inasmuch as the impugned order makes a reference to an existing nala, the distance that has to be left out is 2 meters and not 9 meters. Therefore, the restriction of the area has got to be reckoned first by noticing as to what is existing on the northern side of the land where the petroleum outlet is sought to be constructed and if it is a vagu, kanal or kuntas/shikam lands, then only the distance of 9 meters is required to be left out as per the Rules. On the other hand, if it is a nala, only 2 meters of distance is required to be left out. I, therefore, consider it appropriate to remit the matter to the Kakatiya Urban Development Authority, Warangal, to re-examine the building application of the writ petitioner and pass appropriate orders with specific reference to Sub-Clauses (v) and (vi) of Rule 5 (b) of the Rules and inform its decision to the writ petitioner within a maximum period of 15 days from the date of receipt of a copy of this order. The Writ Petition is disposed of, with this order. No costs. -------------------------------- (NOOTY RAMAMOHANA RAO, J) 7th October, 2010 bud THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.25352 of 2010 DATED: 07.10.2010