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Judgment
G. Bikshapathy, J.—The petitioners approached this Court for issue of writ of mandamus compelling the respondent to leave 60 fts. wide road from Hyderabad --Vijayawada National High Way to the colony and for other connected reliefs.
It is their case that the Hyderabad Urban Development Authority (for brevity H.U.D.A.) was constituted under A,P. Urban Areas (Development) Act, 1975 for the purpose of developing the areas by providing all civil amenities. A vast area in Saroornagar was developed as residential and commercial complexes and the area was acquired by H.U.D.A. paying compensation @ Rs. 10/- per sq. yard. After development, it was sold to the individual members in the year 1979 with a promise to complete the developmental works viz., laying of B.T. road and providing other amenities as mentioned in the prospectus issued by the H.U.D.A. during 1976.
It is the case of the petitioners that the respondent H.U.D.A. had not provided the necessary road and it has bucked out on its promise. The H.U.D.A. bring a statutory authority is bound to honour its promise, more especially, when the petitioners have purchased the plots which have no essential amenities like roads, paths, water supply and drainage system. Therefore, they seek appropriate directions.
The learned Standing Counsel for H.U.D.A. submits that all the Infrastructural facilities such as roads, water supply, drainage system, street lights etc. were provided to the plots as early as in the year 1981 and the same were handed over to Saroornagar Gram Panchayat on 19-8-1991 under the proceedings issued by the H.U.D.A. in File No. PRU/496/80, dt. 19-8-1991. He also submits that all the roads were laid and in fact some of the roads were widened. There was only one problem with regard to the drainage system which was getting chocked-up frequently for improper maintenance. Since the Saroornagar Gram Panchayat merged in L.B. Nagar Municipality, the Municipality was directed to take necessary action in this regard. Therefore, nothing remains in the writ petition and therefore, the writ petition is liable to be dismissed.
The point that arises for consideration it whether the petitioners are entitled for any relief as prayed for?
It is true that in pursuance of the prospectus issued by the H.U.D.A. the petitioners purchased the plots and the H.U.D.A. being statutory authority under the Act is required to provide necessary Infrastructures to the plots. But, the respondent has already stated that as early as in 1981, the entire developments were completed and the areas were handed over to the then Saroornagar Gram Panchayat. Therefore, it is the responsibility of the concerned Gram Panchayat or the Municipality as the case may be to maintain and look after the civil amenities. In this regard, it is necessary to extract the contents of the latter issued by the H.U.D.A. dt. 19-8-1991, which reads as under:
"HUDA, as a part of its development activities, has developed a residential complex at Saroornagar over an area of 23 acres situated at Ranga Rcddy district.
The complex contained certain infrastructure facilities like B.T. roads, drainage with septic tanks, water supply from bore wells, plantation, electric polls for street lights and open spaces for parks and playground. Only sites and services programme under open plot development was taken up and the developed plots, have been sold and houses on them are coming up.
Saroornagar gram panchayat vide reference cited passed a resolution requesting HUDA to hand over Saroornagar residential complex to it.
The Hyderabad Urban Development Authority u/s 33 of the A.P. Urban Areas (Development) Act, 1975 also passed a resolution No. 9 in its 16th meeting held on 25-1-1980 resolving to transfer the Saroornagar Residential complex to the grama panchayat for maintenance of civic facilities, etc. as per the standards. The HUDA vide its various letters requested the District Panchayat Officer to coordinate the transfer of the complex to the gram panchayat.
Today, the Hyderabad Urban Developmemt Authority transfers the Saioornagar Residential complex to the Saroornagar Grama Panchayat represented by its Executive Officer along with the following infrastructure facilities.
A layout showing the total area covered by the complex.
A layout showing the roads with a statement of detail.
Water supply with a statement showing the details.
Drainage with a statement showing the details.
Street lights, poles with a statement showing the details.
For the purpose of water supply two "persons by name Sri Ramulu and Sri Rajamallaiah have been appointed by the HUDA and they are paid Rs. 6.75 power day as per the prevailing rate under N.M.R, The said two persons are also transferred to the gram panchayat with effect from today. The overhead tank has been constructed keeping in view the overall requirement of water to be supplied under various phases of development under the total project. Any new Colony that will be developed by the HUDA will be supplied water for domestic purposes from this overhead tank.
It is clearly understood that the Gram Panchayat will not have any right or claim over Other areas or properties that are not specifically indicated in the layouts.
In token of the taking over of the complex, the Sarpanch, and Executive ''Officer of the Saroornagar Gram Panchayat-hereby consents this letter in the presence of the District Panchayat Officer."
Thereafter; to find out the exact situation as on the date, the Executive Engineer, Division III of H.U.D.A. has also given instruction to the learned Standing Counsel on 6-2-1997 which are as follows:
"1. The tenders for the work of widening of Road from 40''-0" to 80''-0" were called for in the month of March 1986 and the work was completed in Nov. 1986.
The 30''-0" wide road connecting the N.H.9 on the North-West side of the layout was completed and handed over to the Local Gram Panchayat (Saroornagar) on 19-8-1981, which was latter on merged in the L.B. Nagar Municipality.
The length of the proposed 60''-0" wide road in the Nala region within the HUDA boundary is 21.5 Metres.
The road widened from 40''-0" to 80''-0" was handed over to L.B. Nagar Municipality on 1-5-1993 and the 30''-0" road connecting N.H. 9 was handed over to Saroornagar Gram Panchayat along with colony for maintenance on 19-8-1981.
The review meeting was conducted by the Minister of Municipal Administration for L.B. Nagar Municipality on 7-7-1996. During the meeting it was informed that the effluent drain passing through the Nala is being choked up due to improper maintenance. The L.B. Nagar Municipality was asked to take necessary steps."
From the above communication, it is seen that all the requisite infrastructure was already provided and if there is any drew back in the maintenance or deficiencies it is the responsibility of the L.B. Nagar Municipality to take necessary steps in this regard. However, the learned counsel for the petitioner Mr. V. Jogayya Surma submits that drainage system is not being properly maintained on account of which not only the area is getting foul smell but also the drain water is flowing into the colony area, thereby creating serious healthy hazards to the inhabitants. Though, he tried to place before this court, the news item reported in Deccan Chronicle, but we did not take note of it, as it is for the authorities to take action if there is any deficiency. It cannot be said that H.U.D.A. has not provided these amenities. But, at, the same time, the maintenance is the responsibility of the local Municipality and it is for the petitioners to approach the Municipality for necessary action if there is any such requirement. However, it is accepted by the respondents that there is a problem with regard to the discharge of drain effluent as it is getting choked up frequently for improper maintenance. Again it is the responsibility of the Municipality which has to take care of it. Since the entire colony has been handed over to the Municipality, it is the responsibility of the Municipality to take note of the deficiencies and rectify the same within a reasonable lime.
Under these circumstances, the writ petition is disposed of with a direct ion that the petitioners shall make a written representation to the L.B. Nagar Municipality under whose control colony now falls pointing out the deficiencies in the maintenance or provisions of the amenities, within a period of six weeks from the date of receipt of copy of this order. On such representation, the L.B. Nagar Municipality shall lake appropriate action in the matter and ensure that the essential amenities are provided without causing hardship to the inhabitants of the locality, A copy of this order shall be forwarded to the Commissioner, L.B. Nagar Municipality for necessary action.
The writ petition is disposed of accordingly. No costs.
Order accordingly.