HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No. 482 of 2013 DATE: 27.10.2014 Between:
M. Narasimha Rao.
… Petitioner And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Hyderabad & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No. 482 of 2013 ORDER: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) The petitioner, who is an Advocate, has filed this writ petition for the following relief:
“… to issue a writ, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the action of the respondents 2, 3, 4 and 13 as illegal, unconstitutional, arbitrary and violation of Articles 14, 19 and 21 of the Constitution of India and the violation of the A.P. Municipalities Act and Rules therein and also violation of the Hyderabad Urban Development Authority, Development Control Regulations vide clause number 7.3.5. and Annexure- X of the said regulations and in violation of G.O.M.S.No. 363 dt.21-08-2010 and also in violation of National Building Code and suspend the permission granted by the 2nd respondent dt.16-05-2013 and suspend the consequential order passed by the 2nd respondent dt.13-09-2013 and consequently direct the 2nd and 3rd respondents to take immediate and necessary action against the respondents No.13, 14 to immediately stop the illegal construction going on in the Plot No.5 & 6, H.No.37-124/6/1 and 37-124/6/2, situated in S.No.242, Ramakrishnapuram, Ranga Reddy District for setting up a new BPCL retail petrol pump by desisting them from further construction.”
In order to obtain the aforesaid relief, the petitioner in the writ affidavit has stated that the Territorial Manager of Bharat Petroleum Corporation of India (for short ‘BPCL’) - 13th respondent herein has started construction of a petrol bunk in plot Nos.5 and 6 in Sy.No.242 bearing H.Nos.37-124/6/1 and 37-124/6/2 at Sri Colony, R.K. Puram, Malkajigiri Mandal, Ranga Reddy District. As per the norms of HUDA/HMDA and the IRC:12-2009 the minimum size for opening a petrol bunk without service facilities should be above 500 sq. mts., and with service facilities should be above 1000 sq. mts. Whereas, the Territorial Manager of BPCL, Hyderabad has decided to open a petrol bunk in a meager area of 406.84 sq. mts., ignoring all the requirements for establishing petrol pump. From starting of the construction till today the BPCL has adopted all illegal methods leaving the peoples’ safety into drains.
In an enquiry it was revealed that initially the plot bore the measurement of 643.07 sq. mts., as per the landlord’s sale deed dated 18.10.2004, when the then main road from E.C.I.L. to R.K. Puram was 100 ft., alone. Subsequently, in the year 2008, the main road got extended to 150 ft., wide and as per G.O.Ms.No.288, M.A. dated 03.04.2008, there is a further proposal to extend the road to 200 ft. But, as on today, the main road has been widened to 150 ft., and taking the road extension into account i.e., 75 ft., on either sides from the center of the road, the present plot has been reduced to 406.84 sq. mts.
According to the petitioner, the petroleum corporation has violated the norms with regard to the area of the land and decided to open a petrol bunk in the land in question. Therefore, it is an admitted position that when the petrol bunk was sought to be installed initially norms of land area was maintained, however, because of the road widening, the required area has been reduced to 406.84 sq. mts. When this issue came up earlier before this Court, this Court directed the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad, to look into the matter and see whether the construction and maintenance of the petrol bunk was illegal. Pursuant to the said order, the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad, found that there was no illegality as the land to an extent of 184.23 sq. mts., out of the land 643.07 sq. mts., occupied by the petrol bunk was surrendered for the purpose of road widening, and passed a reasoned order. Further, he found that the minimum site requirements relied on by the petitioner was not applicable to the site in question. Thus, the Commissioner has gone into all the details of the factual aspects.
In the writ petition, no allegation of illegality has been made. When an appropriate authority has decided on technical aspects that no norms have been violated, we are unable to accept the contention of the learned counsel for the petitioner that the impugned orders are liable to be set aside in the writ jurisdiction.
We therefore close the writ petition giving liberty to the petitioner to take recourse to the appropriate forum in accordance with law, if so advised, in relation to any other grievance.
Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ
Date: 27.10.2014
SANJAY KUMAR, J
ES