B. Venkatagiri and Others vs State of A.P. and Others

S.B. Sinha, C.J.—The petitioners are the residents of Dwarakapuri colony, which is classified under Zone IV (Residential Zone) in the Master Plan maintained under the A.P. Urban Areas (Development) Act, 1975. The main road connects Panjagutta main road to Road No. 1, Banjara Hills and it is notified as a 40ft. wide road in the Master Plan. But the actual width of the road varies from 24ft. to 30ft. at different points. The petitioners came to learn that decision has been taken to widen the same to the extent of 60ft. The petitioners contend that such widening of the road is not necessary and if the same is so done, the traffic would increase and enhance the safety hazards as also give rise to noise pollution. The petitioners have filed a representation before the authorities, but no action has been taken there against.

A counter affidavit has been filed by the fifth respondent. It has been inter alia accepted that width of the road is 40 ft. as shown in the Master Plan. It is further stated in the counter as under:

This respondent/Board had conducted Ambient Air Quality Monitoring at 3 local areas on the road mentioned i.e. 1) Mr. Khans enclave, near Model House, Dwarakapuri Colony 2) Sri Kumar Swami''s residence; 3) Scotia Bank at Banjara Hills Road No. 1 on 28.5.2001 for 24 hours and analysis reports, which are as follows:

a) The parameters SO2, NOX are within the standards prescribed for residential area.

b) RSPM values are slightly exceeding the standards in one shift at point No. 2.

c) The TSPM values are slightly exceeding the standards of 200 ug/ m3 in 1st and 3rd shifts at point No. 2

d) The noise levels are also slightly exceeding the standards of CPCB i.e. 55 db (A) for residential area. The maximum percentage noise levels i.e. UN 90 are showing 63.3, db(A)

...The Dwarakapuri is a residential areas and there are about 240 trees located on either side of the road which are aged about 15 years and volume of vehicles range from 26 nos/hr to 400/hr at different intervals and at different parts. Road widening will increase traffic volume on the road. In the interest of residential area appropriate restriction have to be prescribed for movement of specified types of vehicles. This area should also be declared as no ''horn zone.

Mr. S. Niranjan Reddy, learned Counsel appearing on behalf of the petitioners would submit that before the action is taken to widen the road, the Master Plan and the Zonal Development Plan must be amended. The learned Counsel would contend that even prior permission under the pollution control laws must also be taken. The local authorities, Urban Development Authority and the State contend Mr. Reddy should consult each other before a decision is taken.

A.P. Urban Areas (Development) Act, 1975 was enacted to provide for the development of urban areas in the State of Andhra Pradesh according to plan and for matters ancillary thereto. Section 3 in Chapter II of the Act deals in the constitution of Urban Development Authorities. Chapter III deals with the Master Plan and Zonal Development Plans. The Master Plan contemplated u/s 6 is defined:

6(2) the Master Plan shall:

a) Define the various zones into which the development area may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used (either after carrying out development thereon or otherwise) and the stages by which any such development shall be carried out; and

b) Serve as a basic pattern of framework within which the Zonal Development Plans of the various zones may be prepared.

Upon obtaining such approval, the authority is required to publish the plan in such a manner as may be determined by Regulations, a notice stating that a plan has been approved and naming a place where a copy of the plan may be inspected during the specified hours and upon the date of the first publication of the aforesaid notice, the plan shall come into effect.

Section 12 provides for regulation of the plan. Sub-section (3) of Section 12 reads thus:

Before making any modifications to the plan, the Authority or as the case may be, the Government shall publish a notice in such form and manner as may be prescribed inviting objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Authority or the Government.

Regulation 2.47 of the Urban Development Authority Zoning Regulations, 1981 reads thus:

2.47 Width of Road: means the whole extent of Space within the boundaries of road when applied to a new road, as laid down in the surveys of the city or development plans or prescribed road, as laid down in the surveys of the city or development plans or prescribed road lines by any Act or law and measured at right angles to the course or intended course of direction of such road.

Rule 13 and 13-A of the Urban Development Authority (Hyderabad) Rules, 1977 read thus:

Modification to the Master Plan: - In the case Authority desires to make any modification in the Land Use Map or Master Plan under Sub-section (1) of Section 12 of the Act, a public notice shall be issued in a prominent place in atleast three local (Telugu, Urdu and English) news papers by the Authority.

(2) The Authority shall invite, in form No. III appended to these rules objections and suggestions to be given in form No. IV appended to these rules from any person or local authority affected directly or indirectly with respect to the Master Plan land use map proposed to be modified.

(3) Soon after the objections and suggestions are received by the Authority, the Authority shall conduct local enquiries and other hearing, if necessary and given an opportunity to the person affected (whether directly or otherwise) to behold on a specified date or dates before the modifications are finally approved.

13-A. Modifications to the Master Plan by the Government : 1) In case the Government desire to make any modifications to the Master Plan under Sub-section (2) of the Act, a notification shall after consultation with the authority be published in the Andhra Pradesh Gazette in such form as the Government deem fit inviting objections and suggestions from any person or local authority affected directly or indirectly with respect to the Master Plan proposed to be modified giving fifteen days time for the receipt of such objections and suggestions;

2) Soon after the objections and suggestions are received by the Government, the Government may, if necessary, have local enquiries conducted and give an opportunity to the persons affected to state their objections before the modifications are approved and published in the Andhra Pradesh Gazette.

Section 7 of A.P. Urban Areas (Development) Act, 1975 reads thus:

Zonal Development Plans: - 1) Simultaneously with the preparation of Master Plan or as soon as may be there after the authority shall proceed with the preparation or Zonal Development Plan for each of the zones into which the development area may be divided.

2) A Zonal development plan may:

a) Contain site plan and land use plan for the development of the zone and show the approximate locations and extents of land uses proposed in the zones for such purposes as road, housing, schools, recreation, hospitals, industry, business, markets, public works and utilities, public buildings, public and private open spaces and other categories of public and private uses;

b) Specify the standards of population density and building density ;

c) Show every area in the zone which may. in the opinion of the Authority, be required or declared for development or re-development; and

d) In particular, contain provisions regarding all or any of the following matters, namely:

i) The division of any site into plots for the erection of buildings;

ii) The allotment or reservation of lands for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;

iii) The development of any area, into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out;

iv) The erection of buildings of any site and the restrictions and conditions in regarding to the open spaces to be maintained in or around buildings and height and character of buildings;

v) The alignment of buildings on any site;

vi) The architectural features of the elevation or frontage of any building to be erected on any site;

vii) The number of residential buildings, which may be erected on any, plot or site;

viii) The amenities to be provided in relation to any site or buildings on such site whether before or after the eviction of buildings and the person or authority by whom or at whose expense such amenities are to be provided;

ix) The prohibitions or restrictions regarding erection of shops, workshops, warehouses of factories or buildings of a specified architectural feature or building designed for particular purposes in the locality.

x) The maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained;

xi) The restrictions regarding the use of any site for purposes other than erection of buildings; and

xii) Any other matter which is necessary for the proper development of the zone or any other area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area.

Section 13(1) of the Act reads thus:

Declaration of development areas and development of land in those and other areas:

1) As soon as may be after the commencement of this Act, where Government consider it necessary to do so for purposes of proper development of any urban area or group of urban areas in this State they may, by notification, declare such urban area or group of urban areas to be a development area for the purposes of this Act.

It is not in dispute that in the event, any modification is required to be made in the plans, the procedures laid down u/s 12 of the Act as also the Rules made there under must be complied with. Chapter II of the Hyderabad Municipal Corporation Act deals with the widening of" the roads. The corporation in terms of the provisions of the Act is really an implementing authority.

Mrs. Jyothi Kiran appearing on behalf of the Municipal Corporation although concedes to the proposition of law, as contended by the learned Counsel for the petitioner, we are of the opinion that for widening the road only the procedures laid down therefore must be complied with as thereby the essential features of the Master Plan are not altered. Furthermore in our opinion for the purpose of widening the road, no prior approval of the Pollution Control Board is required to be taken in as much as it is for the competent authority to take a decision in the matter. While taking such decision, the competent authority must keep in mind all the requirements of the law. Such a contention on the part of the learned Counsel for the petitioners must be held to be misconceived.

This aspect of the matter has been considered in writ petition No. 16591 of 2001, dated 26-9-2001.

The writ petition is disposed of with the aforementioned observations. No costs.