IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.943 of 2005 Between: Nawab Mir Barkat Ali Khan Bahadur @ Prince Mukarram Jah Bahadur, H.E.H. The Nizam VIII of Hyderabad, S/o late Prince Mir Osman Ali Khan Bahadur, aged 71 years, rep. by his Special Powerof Attorney Holder Mr. Khairuddin AliKhan, S/o Hameeduddin Khan, Resident of 215, Gymkhana Road, Mud Fort, Secunderabad. ..... PETITIONER AND 1. The Government of Andhra Pradesh, rep. by Principal Secretary, Municipal Administration Department, Secretariat Buildings, Hyderabad. 2. The Government of Andhra Pradesh, rep. by Principal Secretary, Tourism Department, Secretariat Buildings, Hyderabad. 3. The Hyderabad Urban Development Authority, rep. by its Vice Chairman and Managing Director, Begumpet, Hyderabad. 4. Heritage Committee, rep. by its Secretary, Hyderabad Urban Development Authority, Begumpet, Hyderabad. 5. Municipal Corporation of Hyderabad, rep. by its Commissioner, Lower Tank Bund Road, Hyderabad. 6. Hyderabad Metro Water Works & Sewerage Board, rep. by its Vice Chairman and Managing Director, 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 may be pleased to issue a Writ, order or direction, one more particularly in the nature of a Writ of Mandamus declaring the inaction of the respondents in not initiating any action for preventing the illegal and unlawful constructions around ‘Chowmohalla Palace’ situated at Municipal bearing No.20-4-211 to 215, Khilwath, Hyderabad and in not taking appropriate necessary action for protecting the said Heritage Structure and Precincts as being illegal, arbitrary, unconstitutional and violative of the provisions of Andhra Pradesh Urban Areas (Development) Act, 1975 and Hyderabad Urban Development Authority Zoning Regulations, 1981 and further direct the respondents to take all necessary action for maintaining, preserving and protecting the Heritage status and structure of ‘Chowmohalla Palace’ and precincts in accordance with the said provisions. Counsel for the Petitioner: MR.S.NIRANJAN REDDY Counsel for the Respondent Nos.1 and 2: GP FOR MUNCIPAL ADMINISTRATION & URBAN DEVELOPMENT. Counsel for the Respondent Nos.3 and 4: Mr. B. Viswanatham. Counsel for the Respondent No.5: Mr. Ghanta Rama Rao,SC for MCH. Counsel for the Respondent No.6: Mr. M. Venkateswarlu. The Court, at the admission stage, made the following: ORDER: This writ petition is filed seeking to issue a Writ of Mandamus declaring the action of the respondents in not initiating any action for preventing the illegal and unlawful constructions around ‘Chowmohalla Palace’ situated at Municipal bearing No.20-4- 211 to 215, Khilwath, Hyderabad and in not taking appropriate necessary action for protecting the said Heritage Structure and Precincts as illegal and arbitrary and violative of the provisions of Andhra Pradesh Urban Areas (Development) Act, 1975 and Hyderabad Urban Development Authority Zoning Regulations, 1981. The petitioner claims to be absolute owner of the premises known as “Chowmahalla Palace” bearing Municipal Nos.20-4-211 to 215 situated at Khilwath, Hyderabad, which constitutes ancient and heritage structures. The grievance of the petitioner is that when some illegal constructions and structures are being built all around the Palace, and sewage water being unauthorisedly let into the Palace premises weakening the structures apart from causing bad odour and stench, he made several representations to the respondents, particularly to the respondents 5 and 6, from the year 2001 onwards and finally he also issued a legal notice dated 08.01.2005 to the respondents, but no action has been taken so far. Hence, the present writ petition came to be filed. Heard the learned counsel for petitioner and learned Government Pleader for Municipal Administration and Urban Development. With their consent, the writ petition itself is being taken up for final disposal. Since the representations of the petitioner, seeking to protect the Heritage status and structure of the Palace in question, are said to be pending consideration before the respondent Nos.5 and 6, without going into the merits of the matter, I deem it appropriate to dispose of the writ petition with a direction to the respondent Nos.5 and 6 to consider the same and after passing appropriate orders thereon in accordance with law take all necessary steps to protect the Palace in question, expeditiously, preferably within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of at the admission stage. No costs. _____________ N.V. RAMANA, J. Date: 28.01.2005 Nsr/Mrr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Principal Secretary, Municipal Administration Department, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 2. The Principal Secretary, Tourism Department, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 3. The Vice Chairman and Managing Director, Hyderabad Urban Development Authority, Begumpet, Hyderabad. 4. The Secretary, Heritage Committee, Hyderabad Urban Development Authority, Begumpet, Hyderabad. 5. The Commissioner, Municipal Corporation of Hyderabad, Lower Tank Bund Road, Hyderabad. 6. The Vice Chairman and Managing Director, Hyderabad Metro Water Works & Sewerage Board, Hyderabad. 7. Two CCS to GP for Municipal Administration and Urban Development, High Court of AP, Hyderabad (OUT) 8. 2 CD copies Form-NIC-OGS/WP{ }