Change of Land Use -Conservation to Residential Use in HMDA

 

This has reference to AP Govt G.O.MS.No.288 of 23-07-2011 changing the land-use of the Site in Sy.No. 615(P) & 616(P) in Pattighanpur Village of Pattancheru Mandal in Medak District, to an extent of Ac.19.15 Gts, which is presently earmarked for Conservation use zone in the notified Master Plan as Residential use zone

 

Reduction of Conservation Use Zone & Adverse Impacts

 

 In the Master Plan, the land use under Residential, Commercial etc zones was increased considerably, taking away the area from, Conservation– Agricultural, Hills, Recreation Open spaces etc - and even land under water bodies &forests. As a result the area under Conservation use zone had come down drastically to about 50% of the area in 2000. In addition there are unauthorized changes of land use of conservation areas

 

 The reduction of the area in Conservation, Forest etc zones, is already adversely affecting the quality of life, with deteriorating Air Quality, increasing Temperatures of Heat-Islands, increasing Storm Water Runoff & consequent flooding etc in HMA. With the reduction of agriculture land, there is already scarcity of locally grown seasonal vegetables, fruits, flowers etc, as result of which their prices are going up, increasing the cost of living and making the life of common city dweller more and more difficult.

 

Change of Land Use Illegal

 

The practice of changing the land-use notified in the Master Plan by a Gazette Notification by the Govt in essence, means the letter of the law is observed but the spirit is ignored. The regulation of land-use continues to be handled by the State Govt, in violation of Item 2 of Twelfth Schedule of the Constitution.   

 

The  Hon'ble A.P. High Court in its landmark judgment on  W..P. Nos.23835/96 and 35/97, against the use of Indira Park and "Buddhapurnima Park"  for cremation of mortal remains of the two former Chief Ministers of the State, observed 

                                                     

 "Whatever little scope was available to argue that the government of the State represents the sovereign and retained thus its eminent domain in deciding in respect of the use of a public place one way or the other is taken away by the Constitution Amendment Act, 1992 and Article 243W (a) therein read with the list in the Twelfth Schedule" (Page 49).

 The Courts can only high light the ill effects of "Bad Governance" but they cannot bring in "Good Governance" under the present system

 Objection to the Land-Use Change

 In the light of the position explained above, the change of land-use being authorized by the State Govt, vide G.O. Ms.No 288 of 23-07-2011, may please be reviewed and cancelled.

 Another aspect which needs urgent reform is for discontinuing the practice of changing the notified land use in the Master Plan  by inviting  objections with short notice  through  a Gazette Notification which is not easily accessible by the public .The  wide publicity needs to be given for the change of land use asking public objections instead of confining to Gazette publication with short notice

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