Court directed State to reconstitute a non-functioning Heritage Conservation Committee and ordered preservation of a heritage building pending its decision, then closed the PIL.
Directive to reconstitute Committee within six weeks; order for preservation of the structure; closure of PIL.
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THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.28 of 2015
DATED:17.04.2015
Between: B. Maddileti, Mahabubnagar and another. … Petitioners And The State of Telangana, Represented by its Chief Secretary, Hyderabad and others. ….Respondents
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.28 of 2015
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
We have received the report from the Director, Planning, Hyderabad Metropolitan Development Authority and from the report, it appears that the building in question is in the process of notification as a Heritage Building and the matter is still under active consideration of the Heritage Conservation Committee as to whether the same should be included in the heritage buildings or not. It is found from the report that in the 112th meeting of the Heritage Conservation Committee held on 12.7.2011 vide Table Item No.6, decision was taken to include the Chest Hospital in the Heritage Building in the next list for public objections and suggestions.
The learned Advocate General appearing for the State of Telangana informs the Court that the above Committee is not functioning as on today and it required re-constitution.
In that view of the matter, we direct the Government to take steps for reconstitution of the Committee and this must be completed within a period of six weeks from the date of receipt of a copy of this order. If the Committee is reconstituted, then decision shall be taken in accordance with law consequent upon the earlier decision. Till such decision is taken, the structure shall not be demolished.
In view of this order, the Public Interest Litigation is closed.
Pending miscellaneous applications shall also stand closed. No costs.
K.J. SENGUPTA, CJ
SANJAY KUMAR, J
17th April, 2015
Pnb
B. Maddileti and another
The State of Telangana
Kalyan Jyoti Sengupta
Sanjay Kumar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
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