HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 7534 OF 2008 DATED 27th November, 2014.
BETWEEN Makka Maseedu Committee (Islam pet Makka Mosque Committee) & charitable Society, Rep. by its President, Chirala, Prakasam district.
….Petitioner And The Govt. of AP, rep. by its. Secretary, Municipal Administration & Urban Development Department,Secretariat, Hyderabad and anr …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 7534 OF 2008
ORDER:
Heard learned Counsel for the petitioner and learned Standing Counsel for the second respondent.
The petitioner states that it is a registered society under the Societies Registration Act registered in the year 2007 and it has been managing the Makka Majid situated in Government Hospital Road, Chirala, which was constructed about 100 years back. The said mosque was registered with the AP Wakf Board. The said mosque was originally located in a tiled building and the then President of the mosque submitted an application to the second respondent in the year 1980 for effecting repairs and converting it to the RCC roof and the second respondent accorded permission through proceedings dated 28.1.1980. Later the President again submitted another application in the year 1986 for further development and conversion of other tiled roof portion to RCC roof portion and the second respondent accorded permission through proceedings dated 3.9.1986. Pursuant to the said permission, the tiled roof building was converted into RCC building and converted western and northern side verandah into shop rooms. While so, the second respondent issued a notice on 23.07.2007 proposing to widen the Government Hospital road into 60 feet road and stating that an extent of 35 feet along the road is required by the second respondent and the petitioner was asked to remove the constructions thereon. The petitioner submitted its objections on 24.08.2007. Thereafter no action was taken by the second respondent. However, the second respondent passed a resolution on 21.09.2007 dropping the proposal of widening the road and the same was forwarded to the first respondent. But again the second respondent issued a notice on 06.02.2008 stating that the road from Masjid center to Kunderu has to be widened up to 60 feet and the petitioner occupied to an extent of 280 square yards and constructed a compound wall and the same has to be removed. Again the petitioner submitted a detailed representation and when the second respondent is trying to demolish the said portion without passing any order, the present Writ Petition was filed.
This Court by order dated 08.04.2008 directed the respondents that no demolition should be undertaken pursuant to the impugned notice dated 06.02.2008. The said order has been in operation till today.
The second respondent filed a counter affidavit stating that the Makka Maseedu Committee, Chirala has a site in T.S.No.463 of Ward No.3, Block No. 7 with D.Nos. 22-1-1 and 9-17-10 at the junction called Maseedu Centre at the joining of Polimera Road and the Government Hospital road of Chirala. Originally the site of Masque is a Government property and subsequently sub divided as masque which is consisting of ground and first floors with RCC roof and shops and the northern boundary of site approaches the Government Hospital road which was proposed as 60 feet wide road as per the G.T.P. scheme sanctioned in G.O.Ms.No.177, dated 07.04.2003. Due to heavy traffic in the said road, it was decided to widen the existing 42 feet road to 60 feet. The Municipality issued a notice on 23.07.2007 to the petitioner informing about the decision taken for widening the road and extent required for the said purpose. It was noticed that the shop rooms are constructed in the encroachment area and the said area comes under the road widening. The notice was served on 09.08.2007 and the petitioner submitted its reply on 24.08.2007 stating that they are running the masque with the revenue from the existing shops. Prior to sanction of the master plan, there is a detailed Town Planning Scheme (Gollapalem area) and as per the scheme there is a 50 feet wide road affecting the mosque site and the mosque committee furnished an undertaking dated 21.01.1980 at the time of approval of building plan that they whould handover the site for the proposed widening to the municipality at free of cost at the implantation of the scheme. On earlier occasion one of the affected person filed Writ petition No. 25245 of 2007 and the same was dismissed by this Court. The Municipal Council in its meeting held on 21.09.2007 resolved to reduce the proposed width of the Government Hospital road from 60 feet to 40 feet and subsequently the Municipal Commissioner recommended for suspension of resolution to the Collector & District Magistrate, Ongole on 12.10.2007 and also for cancellation by the Government. As per Section 15(1) of the A.P. Town Planning Act the Municipal Council is competent to modify a scheme with the concurrence of the State Government, however, the State Government has not concurred the proposal for modification of the scheme as sought for in C.R.No. 247, dated 21.09.2007.
The first respondent also filed a counter affidavit stating that the Master Plan for Chirala town was sanctioned by the Government in G.O.Ms.No. 177, dated 07.04.2003 and basing on the sanctioned Maser Plan, the Regional Deputy Director of town Planning has prepared a Road Development Plan No.2/07/RO/NLR for widening of existing Government Hospital Road to 60 feet from Mosque junction to Kunderu river. The existing mosque is located on the road margin at a junction and affecting the mosque portion for widening of the existing road to 60 feet as per the sanctioned plan. The site in question is affecting a triangle bit as per the alignment of Master Plan which is causing hindrance for widening the existing road to 60 feet. The Government has not issued any orders for reducing the master plan road from 60 feet to 40 feet.
In view of the above facts, it is clear that the petitioner-mosque committee has constructed the building after obtaining approval from the second respondent. It also done repairs. The Mosque Committee also furnished an undertaking on 21.01.1980 to the second respondent stating that it shall handover the site for the proposed widening road to the municipality at free of cost at the time of implementation of the master plan road scheme. The Master Plan of Chirala town was sanctioned by the Government in G.O.Ms.No.177, dated 7.4.2003 proposing to widen the existing road from 42 feet to 60 feet. Though the Municipal Council resolved to reduce the proposed width of Government Hospital road from 60 feet to 40 feet, subsequently the Municipal Commissioner by proceedings dated 12.10.2007 recommended for suspension of the resolution to the Collector and the Government, and the same is pending consideration and not yet approved. In the circumstances, this Writ Petition is disposed of directing the respondents to take stock of the situation from the present position of the Master Plan and pending approval of the note of Municipal Commissioner from the District Collector and Government for widening the road and after take necessary action after obtaining approval from the Government in accordance with A.P. Town Planning Act, 1920.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 27th November, 2014. Msnrx