IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.11061 of 2008 Between: 1. Narendra Kumar 2. Smt. N. Prabha Rao ....Petitioners And 1. The Government of Andhra Pradesh, represented by its Principal Secretary, Municipal Administration Department, Secretariat, Hyderabad. 2. The Government of Andhra Pradesh, represented by its Principal Secretary, Department of Home, Secretariat, Hyderabad. 3. The Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad, represented by its Commissioner. 4. The Commissioner of Police, at Basheerbagh, Hyderabad. 5. The Station House Officer, Jubliee Hills Police Station, Hyderabad. 6. The Jubilee Hills House Building Cooperative Society Ltd., at Jubilee Hills Check Post, Jubilee Hills, 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, order or direction more particularly one in the nature of Writ of Mandamus, by declaring the action of the respondents in raising construction of Police Station in the Green Belt & Storm Water Drainage & Sewerage in between Plot Nos. 470 A & 471 at Road No.36, Jubilee Hills, Hyderabad, is arbitrary, illegal, contrary to the sanctioned Lay-out, besides violative of fundamental rights guaranteed under Constitution of India, and consequently direct the respondent No.5 and his agents, or sub- ordinates not to raise construction of Police Station in the Green Belt & Storm Water Drainage & Sewerage in between Plot Nos. 470 A & 471 at Road No.36, Jubilee Hills, Hyderabad. Counsel for the petitioners : Sri Y. Rama Rao Counsel for respondent No.1 : Government Pleader for Municipal Administration & Urban Development Counsel for respondent Nos.2, 4 & 5: Government Pleader for Home Counsel for respondent No.3 : Smt. Kalpana Ekbote. Counsel for respondent No.6 : None The Court made the following: ORDER: (per Anil R. Dave, C.J.) This is a public interest litigation wherein the petitioners have prayed that the respondent authorities be restrained from constructing a Police Station, which is sought to be constructed between Plot Nos.470-A and 471 at Road No.36, Jubilee Hills, Hyderabad, for the reason that the land on which it is to be constructed is in greenbelt and a storm water drainage and sewerage pipes pass through the said land. In pursuance of the notice issued by this Court, counter affidavit has been filed by the Inspector of Police, Jubilee Hills Police Station stating that the land over which the Police Station is to be constructed is not forming part of greenbelt area. He has, however, admitted the fact that storm water drainage and sewerage pipes pass through the said land, but he has assured this Court that due care shall be taken before construction of Police Station so that the said drainage system is not adversely affected. In view of the above counter filed on behalf of the concerned respondent officer, we see no reason to interfere with the construction. We are sure that the Home Department or the concerned officer shall take due care to see that adequate arrangements are made so that the drainage system is not adversely affected. In view of the above position, the petition is dismissed with no order as to costs. ANIL R. DAVE, C.J. 14th July, 2008 R.SUBHASH REDDY, J. ........REGISTRAR 1. The Principal Secretary, Municipal Administration Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2. The Principal Secretary, Department of Home, Government of Andhra Pradesh, Secretariat, Hyderabad. 3. The Commissioner, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad. 4. The Commissioner of Police, Basheerbagh, Hyderabad. 5. The Station House Officer, Jubliee Hills Police Station, Hyderabad. 6. Two copies to the Govt. Pleader for Municipal Administration & Urban Development, High Court Buildings, Hyderabad (OUT). 7. Two copies to the Govt. Pleader for Home, High Court Buildings, Hyderabad (OUT). 8. Two C.D. copies. ARS