Andhra HC (Pre-Telangana)
M/S.Chowmohalla Palace Trust, Having ... vs The Greater Municipal Corporation Of ...
Author: A.Ramalingeswara Rao
Bench: A.Ramalingeswara Rao
THE HONBLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.6820 OF 2008 21042014 M/s.Chowmohalla Palace Trust, having its office at Nazribagh, King Koti, Hyderabad, rep. by its authorized Signatory Sri Kishore Joshi Petitioner The Greater Municipal Corporation of Hyderabad, rep. by its Commissioner and others nts Counsel for the Petitioner : Sri R.Raghu Nandan Counsel for the Respondents : G.P.for Municipal Administration <Gist : >Head Note : ?Cases referred HONBLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.6820 of 2008 ORDER:
This year, marks the centenary of Great War and the establishment of H.H. The Nizams Archaeological Department. One reminds us of the destruction and another of preservation. The City of Hyderabad is more than 400 years old. It has many palaces built by the successive dynasties of Deccan. The Chowmahalla Palace , run by the petitioner trust, which is more than 100 years old, is one among them.
2. The petitioner, M/s. Chow Mahalla Palace Trust which owns the Chow Mahalla Palace Complex, filed the present writ petition challenging the inaction of Greater Hyderabad Municipal Corporation (GHMC) in removing the illegal constructions that took place around Chow Mahalla Palace complex and for a consequential direction to respondents 1 and 2 to remove the said illegal constructions.
3. Though, a Division Bench this Court, earlier in W.P.No.6583 of 2006 took up the issue relating to heritage structures in Hyderabad as a taken up case, it was closed on 19.06.2007 without any decision on merits.
4. Heard the learned Senior Counsel for petitioner, the learned Standing Counsel for respondents 1 and 2, the learned Government Pleader for Municipal Administration and Urban Development for respondent No.7, the learned Standing Counsel for respondent No.8 and the learned counsel for respondents 3 to 6 and 9 to 22.
5. The arguments of the learned counsel for petitioner centered around the illegal structures which came up around the Chow Mahalla Palace complex and also for violating the skyline but this Court felt it necessary to consider the broader issue relating to the conservation of heritage structures in Andhra Pradesh in general and in Hyderabad in particular. The learned Senior Counsel for petitioner submitted that the constructions violated the sky line as stated in Regulation 13(7) of the Zoning Regulations issued by the erstwhile HUDA. He submits that the structures surrounding the Chow Mahalla Palace were affecting the maintenance of sky line and since many structures are unauthorized and illegal, they should be demolished. The unofficial respondents who are owners of those structure and who were impleaded as respondents justified their constructions and also stated that their applications under Building Penalization Scheme (BPS) under the provisions of Greater Hyderabad Municipal Corporation Act, 1955 are pending consideration before the GHMC.
6. This Court, by order dated 31.03.2008, directed the GHMC and the HUDA to inspect the alleged illegal constructions carried out around Chow Mahalla Palace complex and file a report as to the steps and measures taken by them for preventing such illegal constructions. A report dated 05.08.2008 was filed by the HUDA officials and it reads as follows:
During inspection it is observed certain unauthorized constructions around the Palace. At present all the construction were stopped and in general it is found that many of the buildings touching to the compound wall is G+1, photos are also taken (enclosed for ready reference). As this Chow Mahalla is a Heritage Building, GHMC has to consult in respect of all new buildings to be permitted within a distance of 100 ft. (30 Mtrs) of any Heritage Building with Heritage Conservation Committee for its view/No Objection Certificate. As in this case of Chow Mahalla and its surroundings within 30 Mtrs distance, not a single case is referred to Heritage Conservation Committee/HUDA, constituted by the Government, referred by the Commissioner, GHMC.
7. The report further states that the applicants who constructed buildings in the surrounding areas filed applications under A.P. Regulation and Penalization of Unauthorized Constructed Buildings and Buildings Constructed in Deviation of Sanctioned Plan Rules, 2007 and for consideration of the same also, the Heritage Conservation Committee/HUDA has to be consulted, but not a single case was referred to it by the GHMC for No Objection Certificate. Ultimately, the report states that since the area falls within the GHMC, the powers are delegated to the Commissioner and Special Officer, GHMC. Along with the report, the 8th respondent, HUDA also filed a counter-affidavit stating that the GHMC is vested with the development control powers to regulate the constructions in and around the Chow Mahalla Palace complex.
8. So far as the conservation of heritage buildings and maintenance of heritage precincts are concerned, the GHMC is apathetic. The Commissioner, GHMC on the directions of this Court, filed an affidavit on 10.10.2011 with regard to the proposed action plan of the GHMC to remove unauthorized constructions noticed by the HUDA, the 8th respondent. He stated that in the inspection by the Town Planning Officials of Circle No.5, revealed that all the constructions mentioned in the report of HUDA are illegal, as they were raised without obtaining necessary building permits from the GHMC and No Objection Certificate from Heritage Conservation Committee including the structures raised by the respondents 3 to 6. Out of the total 49 properties notified by the HUDA in its report, the first respondent removed top floors of 11 buildings in the year 2006 including 8 other buildings. After the A.P. Regulation and Penalization of Unauthorized Constructed Buildings and Buildings Constructed in Deviation of Sanctioned Plan Rules, 2007 came into force, the owners of all the buildings applied for regularization of their illegal structures and they were rejected on 20.09.2011 for not producing No Objection Certificates from the Heritage Conservation Committee constituted under the provisions of the A.P.Urban Areas (Development) Act, 1975, as the same is required to be produced as per Rule 9(g) of the Rules, 2007. Consequent to the rejection of BPS applications, notices were issued on 26.09.2011 under Section 452 of the Hyderabad Municipal Corporation Act, 1955 to all the building owners to show cause within 10 days why the unauthorized constructions raised by them should not be removed. It was stated that after considering the explanations, they would take further action.
9. When the writ petition was taken up for further hearing and a direction was issued on 25.11.2013 directing the Commissioner, GHMC to file a detailed affidavit with regard to the implementation of Zoning Regulation No.13 in its application to the heritage precinct Nos.10 and 12 in particular and other areas in the jurisdiction of GHMC, to examine the issue raised in the writ petition, no affidavit was filed. When an order was passed asking him to appear in person and explain the reason for not filing the affidavit, he filed an affidavit on 27.12.2013, stating that consequent to the rejection of all the applications under BPS, 50 persons have filed appeal petitions before the Chairman, Appellate Committee, GHMC and the Appellate Authority after hearing the parties submitted a detailed report on 06.06.2012 with a request to take holistic decision in view of corrective measures already taken by limiting the height of buildings upto the height of compound wall of Khilwat Palace for considering the BPS applications.
10. It was further stated that the Government vide its memo No.1348/M1/2012, dated 12.07.2012, requested the Commissioner, GHMC to place the appeals before the Appellate Committee once again for specific decision and take appropriate action as per the decision of the Appellate Committee and as per Rules. The matter was again placed before the Appellate Committee on 30.10.2012 and it opined that the cases of 15 buildings can be considered, since the said constructions are below the height of compound wall of Chow Mahalla Palace complex consisting of ground + 1 upper floor and they were not obstructing the view of the heritage structure. Accordingly, a letter was forwarded to the Government on 14.11.2012 by the Commissioner, GHMC with a request to pass orders for relaxation for regularization of BPS applications for the 15 cases listed and the matter is pending with the Government. But curiously the counter affidavit of the Government is silent on this aspect.
11. It was further stated that with regard to heritage precinct No.10, the HUDA issued guidelines to refer cases of all buildings with a height of more than 10 meters to HUDA/ Heritage Conservation Committee and top floors of 11 buildings were removed in the year 2006 and similarly 8 other buildings were also demolished. It was also stated that there are no new constructions more than 10 meters of height in heritage precinct No.10 and as per Zoning Regulation No.13, the GHMC is not permitting any structure beyond the limit of 10 meters height in the heritage precinct area of 10 and 12 and strictly following the regulations for controlling the construction activity. With regard to heritage precinct No.12, the Falaknuma precinct, the entire structure of the same is on hilly area, as such there are no structures obstructing its view. As per the guidelines issued by HUDA, all buildings taller than 15 meters height shall be referred to Heritage Conservation Committee and there are no existing buildings with more than 15 meters of height in the heritage precinct No.12. With regard to the other heritage precincts, the GHMC is strictly following Regulation No.13 while according permissions for constructions in heritage precincts areas.
12. It was further stated that an Additional Chief City Planner has been appointed to look after and monitor all the heritage structures in the vicinity of GHMC and protect the same. When the said affidavit was not satisfactory, another affidavit was filed in January, 2014 giving details relating to insertion of Regulation No.13 and stated that there are total 137 buildings which are notified as heritage buildings and 9 heritage rock precincts. It was also stated that the Government notified 6 additional heritage precincts wherein heritage precincts Nos.10 to 15 are with specific boundaries. They filed maps of heritage precincts Nos.10 to 12 and stated that with regard to the map of heritage precincts Nos.13 to 15, they are available with HMDA only. It was further stated that as per Regulation No.13(7), the buildings included in the heritage precincts, shall maintain the sky line in the precinct (without any high raise development) as may be existing in the surrounding area, so as not to diminish or destroy the value and beauty of the said listed heritage buildings/heritage precincts and rock formations by Municipal Administration and Urban Development Department.
13. As per the counter-affidavit of the 7th respondent, State of Andhra Pradesh, Section 59 of the Andhra Pradesh Urban Areas (Development) Act, 1975 (for short, UAD Act) provides for making regulations with the previous approval of the Government. The erstwhile Hyderabad Urban Development Authority (HUDA) made zoning regulations in the year 1981. In pursuance of the letter from Vice-Chairman of the erstwhile HUDA, the Government added regulation No.13 in the year 1995 for conservation of listed buildings, areas, artifacts, structures and precincts of historical and/or aesthetical and/or architectural and/or cultural value (Heritage building and Heritage precincts) including rock formations vide G.O.Ms.No.542, MA, dated 14.12.1995. The said regulation is made applicable to those buildings, areas, artifacts, structures and precincts of historical and/or aesthetical and/or architectural and/or cultural value, referred to as heritage buildings and heritage precincts, as notified by the Governments.
14. The said Regulation deals with restriction on development or redevelopment or engineering operation or additions, alterations, repairs, renovation, including the painting of buildings, replacement of special features or demolition of the whole or any part thereof or plastering of said heritage buildings and heritage precincts. The Vice- Chairman, HUDA, has the power to alter, modify or relax regulations, grant of transferable development rights in cases of loss of development rights, maintenance of styling, repair fund and grading of the heritage buildings/heritage precincts, etc. Separate regulations for grant of transferable development right to owners/lessees of heritage buildings/ heritage precincts were included in Appendix F. Subsequently, G.O.Ms.No.416, MA & UD (II) Department, dated 12.08.1996, was issued by the Government providing for constitution of a Heritage Conservation Committee and terms of reference of it.
15. It further states that on the advice of the Heritage Conservation Committee and on the recommendation of Vice- Chairman of erstwhile HUDA and Metropolitan Commissioner of HMDA, the Government so far notified 166 structures as heritage structures within which 5 structures were de-notified and 6 structures were demolished. As of now, 155 heritage structures are existing including Chow Mahalla heritage building.
16. As per letter No.2995/HCC/P/H/97, dated 26.06.1999 of Vice-Chairman, HUDA addressed to the Commissioner, Municipal Corporation of Hyderabad (MCH), prior consultation with Heritage Conservation Committee is necessary in respect of all new buildings to be permitted within a distance of 30 mtrs. of any heritage building. As per the said letter, as and when proposals for construction of buildings are received in GHMC limits, the Commissioner, GHMC would address a letter to Metropolitan Commissioner, HMDA with a request to refer the proposals to the Heritage Conservation Committee for required clearance/opinion of Heritage Conservation Committee. The Heritage Conservation Committee would examine the proposals carefully and if necessary inspect the sites and give their opinion/suggestion for conservation of the neighbouring heritage structures. The HMDA would communicate the opinion of Heritage Conservation Committee to the local body for compliance. The last Heritage Conservation Committee was constituted under G.O.Ms.No.124 MA & UD dated 17.03.2010 for a period of three years and it expired on 16.03.2013. Thereafter it was not reconstituted and there is no committee as on today.
17. The erstwhile HUDA issued a letter No.11137/HCC/Policy/Plg/HUDA/99, dated 15.05.2000, to the Commissioner and Special Officer, MCH and the then Commissioner of Serilingampally Municipality indicating the guidelines approved by the Heritage Conservation Committee in respect of types of cases to be referred to HUDA. It is relevant to state that in the said communication, it was stated that the Committee suggested that since the heritage precincts cover large areas, it was found necessary to exclude small and insignificant structures from the requirement of examination by HUDA and the Heritage Conservation Committee. Therefore, the Committee decided that till the matter is further reviewed by the Committee or HUDA, certain types of cases only should be referred to HUDA/ Heritage Conservation Committee. The said communication specifically refers to the Charminar precinct (heritage precincts No.10, Golconda Fort area (heritage precincts No.11), Falaknuma Palace (heritage precincts No.12), Chiran Palace (Kasu Brahmananda Reddy Park) and the valley extending upto Banjara Lake (heritage precincts No.13), Tank and Park between Road No.1 & 3 Banjara Hills (heritage precincts No.14) and Additional arrears around Durgam Cheruvu Lake (heritage precincts No.15) in respect of which proposals for notifying the said precincts were pending, as the notification inviting objections was published on 01.05.2000. Later on, they were notified under G.O.Ms.No.4, MA, dated 02.01.2003 in addition to the 9 heritage precincts notified under G.O.Ms.No.102, MA, dated 23.03.1998. The schedule of boundaries and justification for the notification to the above heritage precincts was annexed to the said GO.
18. It is pertinent to note that the counters state that as per Regulation No.13(7), the development within shall be in accordance with the guidelines framed by Vice-Chairman, erstwhile HUDA (presently known as HMDA) in consultation with Heritage Conservation Committee. As per the communication of the Vice-Chairman of erstwhile HUDA vide letter dated 15.05.2000, cases of buildings about 10 meters height for the Charminar precinct area and above 8 meters height for Golconda precinct area shall be referred to Heritage Conservation Committee for their clearance. So far as GHMC is concerned, it is referring all the development/building permissions to the Heritage Conservation Committee for their clearance within the heritage precincts areas (precinct Nos.10 to 12). Though the GHMC is making all efforts for arresting unauthorized constructions by issuing statutory notices, the aggrieved parties are obtaining interim orders from the lower court and proceedings with the unauthorized constructions. It is further stated that GHMC is preparing a DPR for conservation of heritage characters of the Musi river and its surroundings under Inclusive Heritage City Development Plan (IHCDP) initiated by the World Bank and CEPT University, Ahmedabad being the implementing agency. It is also stated that while observing the heritage precinct No.14, by developing a park by name Vengalrao Park, the Government have appointed an officer in the cadre of Additional Director of Town Planning for monitoring heritage issues and projects in consultation and coordination of the Archeological Survey of India, HMDA and other Departments. The Government made provisions for budgetary allocation in Zoning Regulation No.13 (8) for release of the funds for heritage buildings to give monetary help for the owners/lessees of heritage buildings notified and the said fund would be kept at the disposal of Metropolitan Commissioner, HMDA for disbursement of the funds in consultation with Heritage Conservation Committee.
19. The Government issued G.O.Ms.No.263 dated 14.05.2003 directing the GHMC to take up the responsibility of conservation, maintenance and development of heritage buildings within Municipal Corporation of Hyderabad area and outside the area, the HUDA was held to be responsible. This important order of the Government was lost sight of by the Urban Development Authority as well as GHMC and they were pointing out the responsibility against each other. Heritage Conservation Committee is appointed by the Government, works within HMDA but scrutinizes the plans submitted by GHMC and reports to HMDA. Ultimately, the Government issues notifications and orders on the recommendations of the authority. This confusing arrangement left many gaps in the decision making process and now none is worried of the absence of Heritage Conservation Committee for the last one year. Thus neither the public nor the authorities know where they stand till a citizen knocks the doors of this court.
20. The UNESCO in its General Conference in its 17th Session from 17th October to 21st November, 1972 adopted a convention on 16.11.1972 concerning the protection of the worlds cultural and natural heritage. As per the said convention, the cultural heritage defined monuments as architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science.
21. Each State party to the said convention recognizes that the duty of ensuring the identification, protection, conservation, presentation and transmission to future generations of the cultural and natural heritage situated on its territory belonging primarily to that State. In order to ensure such effective and active measure, each State party to the convention shall adopt a general policy which is to give the cultural and natural heritage, a function in the life of the community and to integrate the protection of heritage into comprehensive planning programmes. It shall also take appropriate technical, administrative and financial measures necessary for the identification, protection, conservation, presentation and rehabilitation of heritage. Several other recommendations were also indicated therein for the protection of world cultural and natural heritage.
22. The International Council on Monuments and Sites (ICOMOS) works for the conservation and protection of cultural heritage places. It is the only global non-government organisation, which is dedicated to promoting the application of theory, methodology, and scientific techniques to the conservation of the architectural and archaeological heritage. Its work is based on the principles enshrined in the 1964 International Charter on the Conservation and Restoration of Monuments and Sites (the Venice Charter).
23. In 1957 in Paris, the First Congress of Architects and Specialists of Historic Buildings was held. The Second Congress was held in Venice in 1964 and it adopted 13 resolutions including the International Restoration Charter, known as Venice Charter and the second resolution moved by UNESCO, provided for the creation of the ICOMOS.
24. In the tradition of the Athens and Venice Charters ICOMOS has in the years since its formation developed and adopted a number of other charters and doctrinal texts which provide guidance to heritage conservation professionals in their work. Most such documents are created by the international committees of the organisation and thereafter adopted by the triennial General Assembly. The texts each address a specific area of professional practice in the heritage conservation professions. Following the 17th ICOMOS General Assembly held in Paris in November 2011, the list of charters is as follows:
Historic Gardens (Florence Charter) 1981 Charter for the Conservation of Historic Towns and Urban Areas (Washington Charter) 1987 Charter for the Protection and Management of Archaeological Heritage 1990 Charter on the Protection and Management of Underwater Cultural Heritage 1996 International Cultural Tourism Charter - Managing Tourism at Places of Heritage Significance 1999 Principles for the Preservation of Timber Structures 1999 Charter on the Built Vernacular Heritage 1999 ICOMOS Charter - Principles for the Analysis, Conservation and Structural Restoration of Architectural Heritage 2003 ICOMOS Principles for the Preservation and Conservation-Restoration of Wall Paintings 2003 ICOMOS Charter on Cultural Routes 2008 ICOMOS Charter for the Interpretation and Presentation of Cultural Heritage Sites (also known as the 'Ename Charter') 2008 Joint ICOMOS TICCIH Principles for the Conservation of Industrial Heritage Sites, Structures, Areas and Landscapes 2011 The Valletta Principles for the Safeguarding and anagement of Historic Cities, Towns and Urban Areas 2011 (Supersedes the Washington Charter) In addition to the above there are fourteen other doctrinal texts. These include the 'Nara Document'. Many of the national committees of ICOMOS have adopted their own charters which set standards for heritage conservation practice at national level.[6] Of the above, the Charter for the Conservation of Historic Towns and Urban Areas (Washington Charter) 1987 is of special significance for this case. The main features of the Charter are:
PRINCIPLES AND OBJECTIVES:
1. In order to be most effective, the conservation of historic towns and other historic urban areas should be an integral part of coherent policies of economic and social development and of urban and regional planning at every level.
2. Qualities to be preserved include the historic character of the town or urban area and all those material and spiritual elements that express this character, especially:
a) Urban patterns as defined by lots and streets;
b) Relationships between buildings and green and open spaces;
c) The formal appearance, interior and exterior, of buildings as defined by scale, size, style, construction, materials, colour and decoration;
d) The relationship between the town or urban area and its surrounding setting, both natural and man-made; and
e) The various functions that the town or urban area has acquired over time. Any threat to these qualities would compromise the authenticity of the historic town or urban area.
3. The participation and the involvement of the residents are essential for the success of the conservation programme and should be encouraged. The conservation of historic towns and urban areas concerns their residents first of all.
4. Conservation in a historic town or urban area demands prudence, a systematic approach and discipline. Rigidity should be avoided since individual cases may present specific problems.
METHODS AND INSTRUMENTS:
5. Planning for the conservation of historic towns and urban areas should be preceded by multidisciplinary studies. Conservation plans must address all relevant factors including archaeology, history, architecture, techniques, sociology and economics. The principal objectives of the conservation plan should be clearly stated as should the legal, administrative and financial measures necessary to attain them. The conservation plan should aim at ensuring a harmonious relationship between the historic urban areas and the town as a whole. The conservation plan should determine which buildings must be preserved, which should be preserved under certain circumstances and which, under quite exceptional circumstances, might be expendable. Before any intervention, existing conditions in the area should be thoroughly documented. The conservation plan should be supported by the residents of the historic area.
6. Until a conservation plan has been adopted, any necessary conservation activity should be carried out in accordance with the principles and the aims of this Charter and the Venice Charter.
7. Continuing maintenance is crucial to the effective conservation of a historic town or urban area.
8. New functions and activities should be compatible with the character of the historic town or urban area. Adaptation of these areas to contemporary life requires the careful installation or improvement of public service facilities.
9. The improvement of housing should be one of the basic objectives of conservation.
10. When it is necessary to construct new buildings or adapt existing ones, the existing spatial layout should be respected, especially in terms of scale and lot size. The introduction of contemporary elements in harmony with the surroundings should not be discouraged since such features can contribute to the enrichment of an area.
11. Knowledge of the history of a historic town or urban area should be expanded through archaeological investigation and appropriate preservation of archaeological findings.
12. Traffic inside a historic town or urban area must be controlled and parking areas must be planned so that they do not damage the historic fabric or its environment.
13. When urban or regional planning provides for the construction of major motorways, they must not penetrate a historic town or urban area, but they should improve access to them.
14. Historic towns should be protected against natural disasters and nuisances such as pollution and vibrations in order to safeguard the heritage and for the security and wellbeing of the residents. Whatever the nature of a disaster affecting a historic town or urban area, preventative and repair measures must be adapted to the specific character of the properties concerned.
15. In order to encourage their participation and involvement, a general information programme should be set up for all residents, beginning with children of school age.
16. Specialised training should be provided for all those professions concerned with conservation.
Thus, the above Charter gives guidance for conservation of heritage buildings.
25. In our Constitution, Article 51 A of the Fundamental Duties states that it shall be the duty of every citizen of India to value and preserve the rich heritage of our composite culture. Entry 40 of Concurrent List of Seventh Schedule to the Constitution of India deals with Archaeological sites and remains other than those declared by or under law made by Parliament to be of national importance.
26. The Parliament made The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (for short, Act of 1958) and amended to the same by Act 10 of 2010. Section 20E was inserted for preparation of bye-laws in respect of protected areas and protected monuments, by Act 10 of 2010 with effect from 29.03.2010. The Rules called The Ancient Monuments and Archaeological Sites and Remains (Framing of Heritage Bye-laws and Other Functions of the Competent Authority) Rules, 2011 were framed which came into effect from 24.08.2011. All of them deal with the protected monuments and protected areas covered by Act of 1958 (24 of 1958). So far as the State of Andhra Pradesh is concerned, A.P. Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1960 was enacted for the protection of ancient and historical monuments and sites.
27. The Andhra Pradesh Urban Areas (Development) Act, 1975 was enacted for the development of urban areas in the State according to plan and for matters ancillary thereto. It came into force with effect from 29.09.1975, the date of publication in Andhra Pradesh Gazette, after obtaining the assent of the President on 20.01.1975. The definitions of building, building operations, development, erection, urban area and zone were covered under Section 2 of the Act and it covers a wide gamut of area of construction and development of structures in the urban areas. Provision is made for constitution of Urban Development Authority under Section 3. A sub-provision is made for constitution of Special Area Development Authority under Section 3-A. Section 6 directs the authority to carry out a civic survey and prepare a master plan for the development area concerned. Section 7 deals with the preparation of zonal development plans simultaneously with the preparation of master plan. Section 13 states that the State, by notification, declare any urban area or group of urban areas to be a development area for the purposes of this Act. It further states that no development of land within the development area shall be undertaken or carried out by any person or body including any department of the Government unless permission for such development has been obtained in writing from the Authority in accordance with the provisions of this Act. Such development also should be in accordance with the plans prepared by the Authority. However, it states that the development of land shall be completed within one year from the date of commencement of this Act.
28. Sub-section (7) of Section 13 of the UAD Act states that the development of land, after commencement of the Act, shall be with the approval and sanction from the local authority concerned in accordance with the local laws applicable thereto. The proviso to the said sub-section states that the local authority concerned may, in consultation with the Authority, frame or suitably amend its regulations in their application to such area adjoining to or in the vicinity of the development area. Section 15 prohibits use of the land and buildings in contravention of plans. The relations between the Government, the authority and the local authorities are mentioned in Chapter-VIII from Sections 32 to 38. Section 39 deals with constitution of Art Commission for the State. Section 43 gives power to the Authority to stop unauthorized developments. The power to make the rules is provided in Section 58 and the power to make regulations is provided in Section 59.
29. The Andhra Pradesh Urban Art Commission Rules, 1978 were framed and Rule 8 of the said Rules deals with the powers and functions of the Commission. The said powers and functions of the Commission include restoration and conservation or urban design and of the environment in the development areas covering the height of the buildings, control of skyline, colour schemes and general elevation control, maintenance of buildings, etc.; restoration and conservation of archaeological and historical sites of scenic beauty of all protected monuments, under the control of the Central or State Archaeological Departments, any other monument or a group of monuments or historical buildings and the areas in their vicinity which the Commission may consider worthy of conservation, any other site importance or sites of high scenic beauty which the Commission may delineate, identification of buildings and monuments which require special care for preservation, examination of the existing Master Plan for the cities of Hyderabad and Secunderabad and to make suggestions for re-classification of land use, prescribing zones which require particular attention by way of preservation of open space, recreational areas, etc. The A.P.Urban Art Commission was constituted in 1977 and continued till 1983. Thereafter, it was not reconstituted.
30. The Government issued G.O.Ms.No.542, MA & UD Department, dated 14.12.1995, according approval to the Authority for addition of a new regulation to the existing HUDA Zoning Regulations, 1981 for the conservation of historical buildings and areas in Hyderabad city with no financial commitment on Government or HUDA. The added Zoning Regulation No.13 reads as follows:
ANNEXURE Under sub-section (1) of section 59 of the Andhra Pradesh Urban Areas (Development) Act, 1975 (Act No.1 of 1975) the Hyderabad Urban Development Authority with the previous approval of the Government hereby makes the following amendment to the Hyderabad Urban Development Authority Zoning Regulations 1981 by addition of a new regulation, for conservation of Historical areas and the buildings thereon in Hyderabad City with no financial commitment on the Government or Hyderabad Urban Development Authority.
AMENDMENT In the said Zoning Regulations, after zoning regulation No.12, the following regulation shall be added namely:-
CONSERVATION OF LISTED BUILDINGS, AREAS, ARTEFACTS, STRUCTURES AND PRECINCTS OF HISTORICAL AND/OR AESTHETICAL AND/ OR ARCHITECTURAL AND/ OR CULTURAL VALUE (HERITAGE BUILDINGS AND HERITAGE PRECINCTS) INCLUDING ROCK FORMATIONS:
1. Applicability: This regulation will apply to those buildings, artifacts, structures and /or precincts of historical and /or aesthetical and /or architectural and /or cultural value (hereafter referred to as Heritage Buildings and Heritage Precincts) which will be listed in notifications(s) to be issued by the Government.
The Authority shall invite public objections and suggestions in three local daily newspapers before finalizing the list. Restrictions on Heritage Buildings and Heritage Precincts shall be in force with effect on and from the date of first notification.
2. Restriction on Development /Redevelopment /Repairs, etc:
(i) No Development or redevelopment or engineering operation or additions, alterations, repairs, renovation including the painting of buildings, replacement of special features or demolition of the whole or any part thereof or plastering of said Heritage buildings or Heritage Precincts shall be allowed except with the prior written permission of the Vice-Chairman, Hyderabad Urban Development Authority. The Vice-Chairman, Hyderabad Urban Development Authority shall act on the advice of /in consultation with the Heritage Conservation Committee to be appointed by Government (hereafter called "the said Heritage Conservation Committee):
Provided that in exceptional cases, for reasons to be recorded in writing, the Vice-Chairman, Hyderabad Urban Development Authority may over rule the recommendation of the Heritage Conservation Committee.
Provided further that the power to overrule the recommendations of the Heritage Conservation Committee shall not be delegated by the Vice-Chairman, Hyderabad Urban Development Authority to any other officer.
(ii) In relation to religious buildings in the said list, the changes, repairs, additions, alterations and renovations required on religious grounds mentioned in sacred texts, or as a part of holy practices laid down in religious codes shall be treated as permissible, subject to their being in accordance and consonance with the original structure and architecture, designs, aesthetics and other special features thereof. Provided that before arriving at his decision, the Vice-Chairman, Hyderabad Urban Development Authority shall take into consideration the recommendations of the Heritage Conservation Committee.
3. Preparation of list of Heritage Buildings and Heritage Precincts:
The said list of buildings, artifacts, structures and precincts of historical, and/or aesthetical, and/or architectural and/or cultural value including rock formations to which this regulation applies shall not form part of the Regulation for the purpose of Section 59 of the Andhra Pradesh Urban Areas(Development) Act, 1975. Modifications to the list shall not amount to modification to Zoning Regulations. This list may be supplemented, altered, deleted or modified from time to time by Government on receipt of proposals from the Vice-Chairman, Hyderabad Urban Development Authority or from the said Heritage Conservation Committee, or by Government suo moto, provided that before the list is supplemented, altered, deleted or modified, objections and suggestions from the public be invited and duly considered by the Vice-Chairman, Hyderabad Urban Development Authority and/or by Government.
4. Power to Alter, Modify of Relax Regulations: With the approval of Government and after consultation with the said Heritage Conservation Committee, the Vice-Chairman, Hyderabad Urban Development Authority shall have the power to alter, modify or relax the provisions of other Regulations of the Hyderabad Urban Development Authority Zoning Regulations 1981 (hereafter referred to as "the said Regulations") if it is needed for the conservation, preservation or retention of historical, aesthetical, cultural or architectural quality of any Heritage building or Heritage Precinct including rock formations.
5. Permission to demolish or to make major alterations to Heritage Buildings may be granted only in exceptional cases by the Vice- Chairman, Hyderabad Urban Development Authority after obtaining the opinion of Heritage Conservation Committee and after inviting public objections and suggestions in three local daily newspapers.
6. Grant of Transferable Development Rights in cases of loss of Development Rights: If any application for development is refused under this Regulation or conditions are imposed while permitting such development which deprives the owner/lessee of any unconsumed Floor Space Index the said owner/lessee shall be compensated by grant of Development Rights Certificate (hereafter referred to as "Transferable Development Rights") subject to the regulations as provided in Appendix 'F'. The Transferable Development Rights from Heritage Building may be consumed in the same municipal ward from which it originated. The extent of Transferable Development Rights Certificates to be granted may be determined by the Vice Chairman, Hyderabad Urban Development Authority, in consultation with the Heritage Conservation Committee and will not be awarded unless sanctioned by the Government.
7. Maintaining Sky Line: Buildings included in Heritage Precincts shall maintain the sky line in the precinct (without any high-rise development) as may be existing in the surrounding area, so as not to diminish or destroy the value and beauty of the said listed Heritage buildings/Heritage precincts and rock formations by Municipal Administration and Urban Development Department. The development within shall be in accordance with the guidelines framed by Vice Chairman, Hyderabad Urban Development Authority in consultation with Heritage Conservation Committee.
8. Repair fund: Buildings included in the said list shall be repaired by the owners/lessees of the said buildings themselves or occupiers of the old building. With a view to give monetary help for such repairs a separate fund may be created, which would be kept at the disposal of Vice-Chairman, Hyderabad Urban Development Authority, who will make disbursement from the funds in consultation with Heritage Conservation Committee. Provision for such fund may be made through the budget of the Authority.
9. Grading of the Heritage Buildings/Heritage Precincts: Heritage Buildings/Precincts may be graded into three categories. The meaning of these Grades and basic category for development permissions are as follows:
Listing does not prevent change of ownership or usage. However such usage should be in harmony with the said listed precinct/building. Care will be taken to ensure that the development permission relating to these buildings is given without delay. Grade-I Grade-II Grade-III A. Definition:
Heritage Grade-I Comprises of buildings, and precincts of national or historical importance, embodying excellence in architectural style, design, technology and material usage, they may be associated with a great historical event, personality, movement or institution. They have been and are, the prime land marks of the City.
B.Objective Heritage Grade-I richly deserves careful preservation C.Scope for changes No interventions would be permitted either on the exterior or interior unless it is necessary in the interest of strengthening, and prolonging, the life of the buildings or precincts or any art of features thereof. For this purpose, absolutely essential and minimal changes would be allowed and they must be in accordance with the original.
D.Procedure Development permission for the changes would be given by Vice Chairman Hyderabad Urban Development Authority on the advice of the Heritage Conservation Committee to be appointed by State Government E.Vistas/Surrounding Development All development in areas surrounding Heritage Grade-I Shall be regulated and controlled, ensuring that it does not mar the grandeur of or views from, Heritage Grade-I Grade-II (A&B) Comprises of buildings of regional or local importance, possessing special architectural or aesthetic merit, cultural of historical value, though of a lower scale than in Heritage Grade-I. They are local land marks, contributing to the image and identity of the City.
They may be the work of master craftsmen, or may be models of proportion and ornamentation, or designed to suit particular climate.
Heritage Grade-II deserves intelligent conservation Grade-II (A) internal changes and adaptive reuse will be generally allowed.
But external changes will be subject to scrutiny.
Care would be taken to ensure the conservation of all special aspects for which it is included in Heritage Grade-II Grade-II (B) In addition to above extension or additional buildings in the same plot or compound could, in certain circumstances, be allowed provided that the extension / additional building is in harmony with (and does not detract from) existing heritage buildings or height and faade.
Development permission for the changes would be given by Vice Chairman, Hyderabad Urban Development Authority in consultation with a subcommittee of the Heritage Conservation Committee.
Heritage Grade-III comprises of buildings, and precincts of importance for town scape including rock formations they evoke architectural aesthetic or sociological interest though not as much as in Heritage Grade-II. These contribute to determine the character of the locality, and can be representative of life style of a particular community or religion and, may, also be distinguished by setting on a street line, or special character of the faade and uniformity of height, width and scale.
Heritage Grade-III deserves protection of unique features and attributes External and internal changes and adaptive reuse would generally be allowed. Changes can include extensions additional buildings in the same plot or compound provided that extension/ additional building is in harmony with and does not detract from he existing Heritage building/precinct especially in terms of height and /or faade.
Reconstruction may be allowed when the building is structurally weak or unsafe or when it has been affected by accidental fire or any other calamity or if reconstruction required to consume the permissible floor space index and no option other than reconstruction is available.
Development permission would be give for changes by Vice-Chairman, Hyderabad Urban Development Authority itself but in consonance with guidelines, which are to be laid down by Government in consultation with the Heritage Conservation Committee.
APPENDIX - "F"
(Regulation No.13) REGULATIONS FOR THE GRANT OF TRANSFERABLE DEVELOPMENT RIGHT TO OWNERS/LESSEES OF HERITAGE BUILDINGS/HERITAGE PRECINCTS AND CONDITIONS FOR GRANT OF SUCH RIGHTS.
1. As provided in Regulation 13(6), Development Rights of the owner/lessee of Heritage buildings who suffers loss of Development Rights due to any restrictions imposed by the Vice-
Chairman, Hyderabad Urban Development Authority or Government under Regulations 13 shall be eligible for award of Transferable Development Rights (TDR) in the Floor Space Index (FSI) to the extent and on the conditions set out below. Such award will entitle the owner of the Heritage Building to Floor Space Index in the form of a Development Rights Certificate (DRC) which he may use himself or transfer to any other person.
2. A Development Rights Certificate will be issued only on the satisfactory compliance with the conditions prescribed in this Appendix.
3. If a holder of a Development Rights Certificate intends to transfer it to any other person he will submit the Development Rights Certificate to the Vice-Chairman, Hyderabad Urban Development Authority with an appropriate application for an endorsement of the new holders name i.e. transferee on the said Certificate. Without such an endorsement by the Vice-Chairman, Hyderabad Urban Development Authority himself, the transfer shall not be valid and the Certificate will be available for use only by the earlier original holder.
4 . A holder of a Development Rights Certificate who desires to use the Floor Space Index credit certified therein on a particular plot of land shall attach to his application for development permission valid Development Rights Certificate's to the extent required. 5 . Development Rights Certificates may be used:-
On any plot in the same ward as that in which they have originated or in any ward in the suburbs except as specified in clause (6) below:
6. A Development Right Certificate shall not be valid for use on receivable plots in the areas listed below:-
a) Recreation zones, parks, playgrounds as notified in Master Plan/Zonal Development Plans.
b) Open spaces earmarked in layouts. c) Any heritage building. d) Any Heritage Precinct except with the prior
approval of the Heritage Conservation Committee and subject to compliance with the regulations of the particular precinct.
7. The uses that will be permitted for utilization of the Development Rights Certificates on account of transfer of development rights will be as under:-
Zone in which designated /reserved plot is situated Uses to be permitted in receiving areas
1. Residential Only residential uses and in Residential Zones only
2. Commercial (C-2) Commercial (C-2) uses if the plot where the Floor Space Index is to be utilized is situated In C-2 zone.
Residential only in Residential Zones.
3. Commercial (C-1) Commercial (C-1) if the plot where the Floor Space Index is to be utilized is situated in C-1 zone.
Residential in Residential Zones.
4. Industrial (I-1), (I-2), (I-3) Residential only in Residential Zones.
8. Development Rights Certificates may be used on one or more plots of lands whether vacant or already developed or by the erection of additional storeys, or in any other manner consistent with these Regulations, but not so as to exceed in any plot a total built-up Floor Space Index higher than that prescribed in clause 9 below in this Appendix.
9. The Floor Space Index of a receiving plot shall be allowed to be exceeded by not more than 1.0 in respect of a Development Rights available in respect of a Heritage Building.
10. With an application for development permission, where an owner/lessee seeks utilization of Development Rights, he shall submit the Development Right Certificate to the Vice-Chairman, Hyderabad Urban Development Authority, who shall endorse thereon in writing in figures and words, the quantum of the Development Right Certificate proposed to be utilized, before granting development permission, and when the development is complete, the Vice-Chairman, Hyderabad Urban Development Authority shall endorse on the Development Right Certificate in writing, in figures and words, the quantum of Development Rights actually utilized and the balance remaining thereafter, if any, before issue of occupation certificate.
11. A Development Rights Certificate shall be issued by the Vice-Chairman, Hyderabad Urban Development Authority himself as a certificate printed on bond paper in an appropriate form pre scribed by Vice-Chairman, Hyderabad Airport Development Authority. Such a certificate will be a transferable "negotiable instrument after due authentication by the Vice-Chairman, Hyderabad Airport Development Authority. The Vice-Chairman, Hyderabad Urban Development Authority shall maintain a register in a form considered appropriate by him of all transactions, etc. relating to grant of utilization of Development Rights Certificates.
C. ARJUNA RAO, PRINCIPAL SECRETARY TO GOVERNMENT, Sd/- SECTION OFFICER
31. Since the above Regulation provides for constitution of Heritage Conservation Committee by the Government, the Government issued G.O.Ms.No.416, MA & UD Department, dated 12.08.1996 framing guidelines for the constitution of Heritage Conservation Committee. Paras 3 and 4 of it read as follows:
3. With a view to constitute the Heritage Committee to discharge its duties and functions under the said regulation, the Government is pleased to lay down the qualification for membership of the Heritage Conservation Committee. The qualification/composition of the Committee shall be as follows.
1. Retired Chief Secretary to Government of Andhra Pradesh -- Chairman
2. Structural Engineer having experience of 10 years in the field and membership of the institute of Engineer -- Member
3. Architects having 10 years experience and membership of the council of Architecture -- Member
(i) Specialised in Urban design project etc.
(ii) Heritage conservation Architect.
4. Director of State Archaeology --
5. An Environmentalist having in depth knowledge and experience of 10 years of subject matter -- Member
6. A City Historian having 10 years experience in the field -- Member
7. A representative of Organisation working for protection of natural heritage like rocks -- Member
8. A Senior Technical Officer of HUDA with expertise -- Member in the matter Secretary
(a) The Committee shall have the powers to Co-opt upto five additional members who may have lesser experience, but who have special knowledge of the subject matter.
(b) The tenure of the members of category 1,2,3,5,6 and 7 above shall change after every 3 years, provided however that the same person shall be eligible for reappoint as members.
4. The following are the terms of reference of the Heritage Conservation Committee.
1. to recommend to the Vice-Chairman, HUDA whether development permission should be granted under regulation No.13 and the conditions thereof.
2. to prepare supplementary list of buildings, precincts, areas artifacts, structures of historical, aesthetical architectural or cultural value to which this regulation No.13 would apply.
3. to advise whether any relaxation, modification, alteration or variance of any of the zoning Regulations is called for under regulation 13 (4).
4. to advise the Vice Chairman, Hyderabad Urban Development Authority in the operation of these regulations to regulate or eliminate/erection of outside advertisement/bill board on the faade and to recommend to the Vice Chairman, Hyderabad Urban Development Authority guidelines to be adopted by private parties who sponsor beautification schemes at public intersections.
5. to advise whether development right certificate may be allowed to be consumed in a heritage precinct.
6. to advise the Vice-Chairman, HUDA to evaluate the cost of repairs to be given to the owners to bring the existing building in the original shape. For this purpose the committee may also try to help the Vice Chairman, HUDA to raise funds, through private resources.
7. to prepare special designs and guidelines for listed buildings and control of height and essential faade characteristics such as maintenance of special type of balconies and other heritage items of the buildings and suggest suitable designs and adopting new materials for replacements keeping the old form intact to the extent possible.
8. to prepare guidelines to be adhered to and to prepare other guidelines for the purposes of Regulation No.13.
9. to frame special regulations for heritage precincts and to advise the Vice Chairman, HUDA regarding the same.
10. to advise Vice Chairman, HUDA on any other issues as may be required from time to time during course of scrutiny and in overall interest of heritage conservation.
11. to appear before Government either independently or through or on behalf of the Vice Chairman, HUDA in cases of appeals in cases of listed buildings/heritage buildings and listed precincts heritage precincts.
32. As stated above, the last such Committee was constituted under G.O.Ms.No.124 MA & UD dated 17.03.2010 for a period of three years and it expired on 16.03.2013 and no new Committee was constituted. In the said Committee, Additional Commissioner (Planning and Projects) of GHMC was also co-opted as Ex-officio member. It is relevant to notice that the Government is empowered to notify heritage buildings and heritage precincts. Though there can be some clarity with regard to heritage buildings, the heritage precincts are not defined, but boundaries were indicated.
33. There is no clarity with regard to the definition of sky line or a heritage precinct as mentioned in the said Regulation as a result of which everyone is thinking in his own way and understanding in the common parlance of its general meaning without giving its contextual meaning.
34. Chambers 20th Century dictionary, states precinct and skyline as follows:
Precinct :n. a space, esp. an enclosed space, around a building or other object (also in pl.): a district or division within certain boundaries: a district of jurisdiction or authority: a division for police or electoral purposes (U.S.): (in pl.) environspedestrian precinct a traffic- free area of a town, esp. a shopping centre; shopping precinct a shopping centre, esp. if traffic-free.
Skyline the horizon: a silhouette or outline against the sky.
35. The development plan for the erstwhile Municipal Corporation of Hyderabad area (HMDA core area) was sanctioned by the Government in G.O.Ms.No.414 dated 27.09.1975, but in view of the vast transformation over past three decades, it needed updation, revision and consolidation and a revised development plan (master plan) was sanctioned by the Government under Sub-section (4) of Section 11 of HMDA Act, 2008 under G.O.Ms.No.363 dated 21.08.2010. The Special Reservation Use Zone was indicated and it deals with sites specially earmarked as heritage sites, conservation of rocks/hillocks, etc. The Architectural and Faade Control Regulations were prepared separately and implemented by GHMC in the five heritage zones identified and it reads as follows:
i) Pathergatti and surrounding areas.
ii) Charminar to Puranapul via Laad Bazaar
iii) Charminar to Falaknuma
iv) Begumbazaar and surrounding areas
v) MG Road and surrounding areas.
36. Subsequently, the HMDA Act, 2008 was enacted for the establishment of Metropolitan Development Authority for the purposes of planning, co-ordination, supervising/promoting and securing the planned development of the Hyderabad Metropolitan region. It came into force with effect from 24.03.2008. It deals with Hyderabad Metropolitan Development area, whereas the earlier provisions of UAD Act deal with other areas. The Government issued G.O.Ms.No.68 dated 03.02.2009 declaring the heritage precincts in HMDA area in addition to the heritage precincts already notified earlier.
37. The State of Maharashtra has become a pioneer in India making a special enactment for the protection of heritage buildings. So far as State of Andhra Pradesh is concerned, there is no separate law except Zoning Regulations of 1981 in which Regulation No.13 was added under G.O.Ms.No.542 dated 14.12.1995.
38. In this case, the GHMC exhibited its total ignorance with regard to the subject matter. This Court has to time and again prevail upon the Commissioner to make his stand clear with regard to conservation of heritage structures and the GHMC reluctantly filed counter affidavits with incomplete details. Its Counsel could not assist this court except filing the affidavits. Though the Government issued G.O.Ms.No.263 dated 14.05.2003 clearly entrusting the responsibility of maintenance of heritage buildings within the GHMC area to GHMC, neither the learned Standing Counsel nor the Officers of the GHMC clearly spelt out the role of GHMC. The role has to be dug by this court from the papers made available. They even filed a counter affidavit stating that maps of heritage precincts Nos.10 to 12 are only available with them and the maps of heritage precincts Nos.13 to 15 are available with HUDA only. Heritage precinct No.13 relates to Chiran Palace, precinct No.14 relates to Tank and Park between road No.1 and 3, Banjara Hills and precinct No.15 relates to additional areas around Durgam Cheruvu Lake. Admittedly, the conservation of these precincts are the responsibility of the GHMC only. This attitude shows the concern of the GHMC in this issue. Even though no Heritage Conservative Committee was appointed after expiry of its term on 16.03.2013, no letter appears to have emanated from the Commissioner impressing upon the Government to urgently reconstitute the Commission as all the building permissions within the precincts have to be vetted by the Committee. In respect of the unauthorized structures that have come up around the Chow Mahalla Palace, it appears that the Commissioner forwarded a letter to the Government on 14.11.2012 seeking relaxation for regulation of BPS applications for 15 cases and neither the Government nor the GHMC is in a position to indicate the present status of those cases. Thus the matter relating to the unauthorized constructions, conservation of heritage buildings and related issues are left to the citizens/aggrieved parties to approach the Court and the Court is forced to issue orders which are mostly administrative in nature and which ought to have been done at the administrative level of the GHMC and Government. The GHMC is expected to be more conscious of its duties in stead of burdening the judiciary with petty issues which are unconcerned with the interpretation of law.
39. In view of the above situation, this writ petition is disposed of directing:
(i) the Government of Andhra Pradesh to constitute within a period of three months from the date of receipt of a copy of this order:
(a) the A.P. Urban Arts Commission which has not been functioning since 1983;
(b) the Heritage Conservation Committee whose term expired on 16.03.2013 and
(ii) the Government to communicate its decision to the Greater Hyderabad Municipal Corporation pursuant to its letter dated 14.11.2012 with regard to the illegal constructions around Chow Mahalla Palace and the Commissioner, GHMC shall take action thereon promptly after receiving orders from the Government.
(iii) the Commissioner, Greater Hyderabad Municipal Corporation, who is vested with the powers to protect the Heritage Buildings and Precincts under his control by virtue of the orders of the Government in G.O.Ms.No.263 dated 14-5-2003, to call for reports from the concerned Deputy Commissioners with regard to the structures raised in violation of Zoning Regulation 13 in precincts and within 30 metres of heritage buildings within three months from the date of receipt of a copy of this order and take necessary action in accordance with law regard to those structures including the structures around Chow Mahalla Palace.
(iv) the Commissioner, Greater Hyderabad Municipal Corporation to display a map of area of precinct prominently in respect of each heritage building near each heritage building and four corners of the boundary of precinct and indicate to the general public the restrictions on the constructions in those areas.
(v) the Commissioner, Hyderabad Metropolitan Development Authority to consult the Heritage Conservation Committee as and when it is reconstituted and issue revised guidelines pursuant to its communication to the GHMC on 15-5-2000 in letter No.11137/HCC/Policy/Plg/HUDA/99, keeping in view the growth of the city and revised master plan and other considerations.
(vi) the Government of Andhra Pradesh to consider taking suitable legislative measures in placing Heritage Conservation Committee in a permanent set up and including a representative of INTACH, Hyderabad Chapter as a member of the said committee.
(vii) the Greater Hyderabad Municipal Corporation to consult Heritage Conservative Committee with regard to the restrictions that can be imposed on the buildings constructed and to be constructed within the heritage precincts and the sky line to be maintained around heritage buildings and within the precincts and notify the same within a period of three months from the date of constitution of Heritage Conservation Committee.
(viii) the Government of Andhra Pradesh to consider passing of a separate legislation on the lines of State of Maharashtra for protection of notified heritage buildings and heritage precincts.
40. Subject to the above directions, the writ petition is disposed of. No order as to costs. As a sequel, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
____________________________ A. RAMALINGESWARA RAO Date: 21.04.2014 L.R. Copy to be marked.
B/o.TJMR The Qutb Shahi Kings were rulers between 1518 and 1687. As the monuments of their time reveal, they were great builders, lovers of architecture and patrons of learning. The greatest and the most popular edifice of the time is the Charminar. Muhammad Quli Qutb Shah, the fifth ruler of the dynasty, inherited a rich legacy a prosperous and large kingdom with the densely populated capital of Golconda. This was in 1580. During the early part of his reign Golconda became famouns for its diamonds, steel and printed cloth, and commercial activity drew traders from Asia and Europe to it.
At the present site of Chau Mahalla there existed several palaces of Qutb Shahi Period. At this site Imadul Mulk Mubariz Khan, Naxim or Governor of Mughal province of Hyderabad planned several palaces. Later on, the Chow Mahalla was built in 1750 by the Nizam, Salabat Jung. The palace is a copy of the Shahs palace at Tehran, although considerably finer in architectural construction than the latter. The group of four palaces Khilwat Mubarak, Khwabgab, Diwn-i-Am, Julu Khana etc. (Gulzar-i-Asafia) was built around a pleasant quadrangular garden with a large marble cistern in the centre and a fountain jetting water. These four palaces were meant for different purposes. The one on the north was the Darbar Hall where the Nizams held audience and official receptions. In the southern palace the dignitaries and high officials were received. The western palace was meant for the Nizams private residence. The entrance of the Chau Mahalla was through the palaces square (Julu Khana) with a tall arch built in 1748 and which opened on the Lad Bazar side, leading to the Charminar.
Salabat Jung in 1750 was staying in one of the palaces, built by Nizam ul Mulk. It is described by Mons de Bussey, the French officer who had then come to Hyderabad. He states that there were fine buildings at Hyderabad. Regarding Salabat Jungs palace, he says that the mansion was made up of the three blocks of residence. The entrance opens into the road at Chauk, a vaulted gateway. He describes a second block of houses, also a great hall, whose ceiling was supported by a number of wooden pillars, each of a single piece, carpeted and one-storeyed. In the centre of the hall Salabat Jungs throne between four pillars, where he received the ambassadors, decided the affairs of the realm with the chiefs and took the salaam of everyone. On the other side of this apartment were magnificent gardens with all kinds of flowers and a very fine circular reservoir. As for the third block of houses, it lies to the left as one enters the preceding hall. Here were two houses facing each other, between which was a fruit garden with a square, medium sized reservoir and a small fountain. In the house on the right was a large screen, and it was here that Salabat Jung resided. The laid also stayed there.
Subsequently, the successive Nizams expanded the palace and built several new palaces. The present Khilwat Mubarak was built by the Nizam VII, Mir Osman Alik Khan during 1913-16. Khilwat is a mysterious blend of Turkish, Iranian, Qutb Shahi and Mughal influence and styles. This unique structure has an overall plan of the grand elegant palace. It has a double height durbar hall. At the upper level the open verandas all round served as galleries for viewing from top the proceedings of a durbar. The throne hall has glittering chandeliers with the arcade colonnade in the khilwat with columns.
Thus, Chau Mahalla has architecture which is mixture of various periods. The entire complex of these palaces was called, (they still exist), Khilwat Mahal.
The total area of this complex was about 3,00,00 square yards and it comprised the following eight palaces: Chau Mahalla, Panch Mahalla, Khilwat Mubarak, Rang Mahal, Roshan Bangla, Tahniyat Mahal, Afzal Mahal, Mehtab Mahal Aftab Mahal and two ladies palaces named Manjli Begums Haveli, and Chandi Begums Haveli, and others supporting buildings of Moti Bangla, Sardar Bangala, Shadi Khana, Tosha Khana, etc. In this complex there were several other buildings as well and it was the biggest royal complex. The interiors architecture of these palaces were lavishly decorated.
{Taken from the books of Splendour of Hyderabad written by Dr.M.A.Nayeem and Hyderabad 400 Years (1591 1991) written by Raza Alikhan} ARLR,J DT.21-04-2014