WP/26755/2007 of Zafar Javed Vs State of A.P. on 28 December 2007

ORDER:

Petitioners, four in number, residents situated on the Easternboundary of the Old Gandhi Medical College seeks a Writ of Mandamus todeclare the action of the respondent authorities in not taking any action ontheir representations dated 07.09.2007 and 06.11.2007 as illegal and arbitraryand to direct the respondents 1 to 6 to initiate appropriate action against therespondents 7 and 8 in carrying out illegal blasting in Old Gandhi MedicalCollege premises, Basheerbagh, Hyderabad.

2. Petitioners submit that the first respondent allotted the old GandhiMedical College campus (hereinafter referred to as ‘site’) vide G.O.Ms.No.35Youth Advancement Tourism & Culture (PMU) Department dated 27.09.2006 to M/s. Pantaloon Retail (India) Limited for setting up of UrbanEntertainment Centre Project in accordance with the terms and conditionsset out in the G.O. Thereafter, the site was handed over to M/s. GSGConstructions Private Limited, which in turn entered into an agreement withDLF Laing O’ Rourke (India) Limited – eighth respondent as a contractor fordevelopment of the site authorizing it to execute, construct, complete andmaintain the works in accordance with the agreement dated 04.06.2007. The eighth respondent in turn entered into an agreement with M/s. Associated Projects - seventh respondent on 07.08.2007 entrusting the following works:

1. Earthwork excavation without blasting at all depths including alllifts/leads etc., and in pits including providing protective safetybarricading as required and shifting and compacting requiredexcavated materials within the premises and carting of surplusexcavated materials outside the premises up to 25 KM lead etc.,complete with preparations of bed and sides dressing/trimming tothe required dimension and profile as directed. (i) in all types ofsoft murram/hard murram & Loose boulders (not requiringblasting).lifts/leads etc., and in pits including providing protective safetybarricading as required and shifting and compacting requiredexcavated materials within the premises and carting of surplusexcavated materials outside the premises up to 25 KM lead etc.,complete with preparations of bed and sides dressing/trimming tothe required dimension and profile as directed. (i) in all types ofsoft murram/hard murram & Loose boulders (not requiringblasting).

2. Earthwork excavation with blasting at all depths including alllifts/leads etc., and in pits including providing protective safetybarricading as required and shifting and compacting requiredexcavated materials within the premises and carting of surplusexcavated materials outside the premises up to 25 KM lead etc.,complete with preparations of bed and sides dressing/trimming tothe required dimension and profile as directed. (i) In weathered orfractured rock or hard murram requiring controlled/muffledblasting including making necessary arrangement like coveringwith blasting mats, sand bags etc., including taking permission oflocal authority etc., all complete.lifts/leads etc., and in pits including providing protective safetybarricading as required and shifting and compacting requiredexcavated materials within the premises and carting of surplusexcavated materials outside the premises up to 25 KM lead etc.,complete with preparations of bed and sides dressing/trimming tothe required dimension and profile as directed. (i) In weathered orfractured rock or hard murram requiring controlled/muffledblasting including making necessary arrangement like coveringwith blasting mats, sand bags etc., including taking permission oflocal authority etc., all complete.

3. Excavation in hard rock with controlled/muffled blastingincluding making necessary arrangement like covering withblasting mats, sand bags etc., including taking permission oflocal authority etc., complete the carting of surplus excavatedmaterials outside the premises up to 25 KM lead etc. The itemshall include excavation in pits for foundation/trenches etc., (i) fordepth to 3.5 Meters.including making necessary arrangement like covering withblasting mats, sand bags etc., including taking permission oflocal authority etc., complete the carting of surplus excavatedmaterials outside the premises up to 25 KM lead etc. The itemshall include excavation in pits for foundation/trenches etc., (i) fordepth to 3.5 Meters.

4. Excavation in hard rock with controlled/muffled blastingincluding making necessary arrangement like covering withblasting mats, sand bags etc., including taking permission oflocal authority etc., complete with carting of surplus excavatedmaterials outside the premises up to 25 KM lead etc. The itemshall include excavation in pits for foundation/trenches etc., (i)

For depth up to 3.5 Mtrs to 7.0 Mtrs.

5. Excavation in hard rock with controlled/muffled blastingincluding making necessary arrangement like covering withblasting mats, sand bags etc., including taking permission oflocal authority etc., complete with carting of surplus excavatedmaterials outside the premises up to 25 KM lead etc. The itemshall include excavation in pits for foundation/trenches etc., (i) fordepth up to 7.0 Mtrs to 10.5 Mtrs.

6. Excavation in hard rock with controlled/muffled blastingincluding making necessary arrangement like covering withblasting mats, sand bags, etc., including taking permission oflocal authority etc., complete with carting of surplus excavatedmaterials outside the premises up to 25 KM lead etc. The itemshall include excavation in pits for foundation/trenches etc., (i)For depth up to 10.5 Mtrs to 14.0 Mtrs.

7. Excavation in hard rock with controlled/muffled blastingincluding making necessary arrangement like covering withblasting mats, sand bags, etc., including taking permission oflocal authority etc., complete with carting of surplus excavatedmaterials outside the premises up to 25 KM lead etc. The itemshall include excavation in pits for foundation/trenches etc., (i)For depth up to 14.0 Mtrs to 17.5 Mtrs.including making necessary arrangement like covering withblasting mats, sand bags, etc., including taking permission oflocal authority etc., complete with carting of surplus excavatedmaterials outside the premises up to 25 KM lead etc. The itemshall include excavation in pits for foundation/trenches etc., (i)For depth up to 14.0 Mtrs to 17.5 Mtrs.

8. Excavation in hard rock with controlled/muffled blasting includingmaking necessary arrangement like covering with blasting mats,sand bags, etc., including taking permission of local authorityetc., complete with carting of surplus excavated materialsoutside the premises up to 25 KM lead etc. The item shallinclude excavation in pits for foundation/trenches etc. I) Fordepth up to 17.5 Mtrs to 21.0 Mtrs.making necessary arrangement like covering with blasting mats,sand bags, etc., including taking permission of local authorityetc., complete with carting of surplus excavated materialsoutside the premises up to 25 KM lead etc. The item shallinclude excavation in pits for foundation/trenches etc. I) Fordepth up to 17.5 Mtrs to 21.0 Mtrs.

The seventh respondent submitted an application dated 02.04.2007 to theCommissioner of Police – third respondent requesting permission forcarrying controlled blasting at the site and the third respondent submitted areport to the District Collector on 19.06.2007 expressing no objection forgranting control blasting permission with certain conditions and precautionsmentioned therein.

3. It appears that the District Collector got enquired into the matter withregard to the grant of permission for controlled blasting not only with theCommissioner of Police but also with the District Fire Officer. After perusingboth the reports of the Commissioner of Police dated 19.06.2007 and District Fire Officer dated 20.06.2007 recommending for grant of no objection forproposed controlled blasting permission in favour of the seventh respondent,the District Collector vide letter No.C2/1894/2007 dated 27.08.2007 accordedpermission subject to certain conditions and precautions mentioned atSl.No.1 to 16 in the said letter. It is just and proper to extract the whole letter:“GOVERNMENT OF ANDHRA PRADESH(REVENUE DEPARTMENT)

Lr.No.C2/1894/2002 Office of the Collector Hyderabad DistrictDated:- 27-08-2007

ToThe Managing PartnerM/s. Associated Projects,Plot No.13, 3[rd] FloorRoad No.3, Beside Andhra Jyothi,Banjara Hills, Hyderabad.Sir, Sub:- EXPLOSIVES ACT & RULES – Grant of Permission forcontrolled Blasting to M/s. Associated Projects – for blasting of UrbanEntertainment Center, Gandhi Medical College – Reg.

Ref:- 1. The Manaing Partner, Associated Projects, Plot No.13, 3[rd] Floor, Road No.3, Beside Andhra Jyothi, Banjara Hills, Hyderabad Lr. Dated 2-4-2007. 3[rd] Floor, Road No.3, Beside Andhra Jyothi, Banjara Hills, Hyderabad Lr. Dated 2-4-2007.

2. Tahsildar, Himayathnagar, Lr.No.A/841/2007 dt 28-04- 2007.

3. Commissioner of Police, Lr.No.L&O/M7/1721/dated 19-06-2007 received this office on 21-06-2007.

4. District Fire Officer, Hyderabad,

Lr.No.Rc.No.1208/A4/2006 dated 20-06-2007.

*****

Kind attention is invited to the references cites, vide reference 1[st]cited the Managing Partner, M/s. Associated Projects, Plot No.13, 3[rd]Floor, Road No.3, Beside Andhra Jyothi, Banjara Hills, Hyderabad hasrequested to accord permission for controlled blasting at UrbanEntertainment Center Project in Old Gandhi Medical College,Basheerbagh, Hyderabad.

The matter has been got enquired through the Commissioner ofPolice, Hyderabad City and the District Fire Officer and obtained theirreports with specific recommendations. They have recommended forgrant of no objection for proposed controlled Blasting permission to M/s.Associated Projects, Plot No.13, 3[rd] Floor, Road No.3, Beside AndhraJyothi, Banjara Hills, Hyderabad for controlled blasting of the rocks atUrban Entertainment Center Project in old Gandhi Medical College,Basheerbagh with certain conditions and precautions which are as follows:

1. Only submersible blasting should be carried out and the piece ofthe bolder should not emerge out of the ground.the bolder should not emerge out of the ground.

2. The submersible blasting should be carried by Sri Kasi ReddySrinivas of M/s. Minar Explosives, who is shot firer’s permit holder.Srinivas of M/s. Minar Explosives, who is shot firer’s permit holder.

3. All precautions should be taken to ensure that the tremors causedin the soil due to blasting should not effect the neighboringbuildings.in the soil due to blasting should not effect the neighboringbuildings.

4. Authorized Quantities of explosive only should carry and storeand store at the blasting premises under safe custody asprescribed in rules.and store at the blasting premises under safe custody asprescribed in rules.

5. No blasting should be carried out on the eastern side nearer to theexisting (3) residential complexes, which one of the building is veryold one.existing (3) residential complexes, which one of the building is veryold one.

6. No damage should be caused to the two Heritage buildings due tosubmersible blasting.submersible blasting.

7. Suitable warning precaution should be maintained consisting ofwarning signs and available signals and all persons employed inthe area shall be made fully conversant with such signs andsignals.warning signs and available signals and all persons employed inthe area shall be made fully conversant with such signs andsignals.

8. The entry of public should be strictly restricted to the blasting areathrough public address system when blasting is taking place andany untoward incident, the agency should take up relief measuresi.e. minority and other aspects.through public address system when blasting is taking place andany untoward incident, the agency should take up relief measuresi.e. minority and other aspects.

9. Two Nos. of Co2 Fire Extinguishers of each 4.5 Kgs capacity and5 Nos. of Water Co2 Fire Extinguishers of each 9 liters capacityshould be made available at the site.5 Nos. of Water Co2 Fire Extinguishers of each 9 liters capacityshould be made available at the site.

10. One First Aid Medical Box with its complete equipment should bemade available at the site.made available at the site.

11. No smoking boards should be installed and scrupulously followed.

12. All workers and employees should be trained in first aid fire fighting. fighting.

13. Emergency telephone numbers should be displayed: 101, [REDACTED] and 23449216 at blasting and excavation place. [REDACTED] and 23449216 at blasting and excavation place.

14. The premises should always be kept clean and neat. No combustible waste should be allowed to accumulate in thepremises.No combustible waste should be allowed to accumulate in thepremises.

15. Necessary precautionary measures should be taken at the time ofblasting work as per the Explosives Act and Rules.blasting work as per the Explosives Act and Rules.

16. In view of location of heritage structure in that vicinity, the blastingto ensure safety to the structure which can be taken up in thepresence of heritage committee supervision.to ensure safety to the structure which can be taken up in thepresence of heritage committee supervision.

Keeping in view of the neighboring residential structures, at thetime of blasting, the above precautions must take for the safeguard ofthe general public and to avoid untoward incidents.

In view of the recommendations made by the Commissioner ofPolice, Hyderabad City, and the District Fire Officer, Hyderabad,controller blasting permission is hereby accorded to M/s. AssociatedProjects, Plot No.13, 3[rd] Floor, Road No.3, Beside Andhra Jyothi,Banjara Hills, Hyderabad, till the completion of scheme.

Further, it is to inform that violation of any condition abovedeem to be canceling of the Blasting permission and action will betaken as per the Explosives Act and Rules.

Yours faithfully Sd/-CollectorHyderabad

// Attested //

Sd/-Superintendent(Tahsildar Cadre)

4. A perusal of the aforesaid letter goes to show that in view of theneighboring residential structures, the aforesaid conditions have beenimposed to safeguard the general public and to avoid untoward incidents. Itwas also informed to the seventh respondent that for violation of any of theconditions, the permission given for controlled blasting shall be deemed to becancelled and action will be taken as per the Explosives Act and Rules.

5. The grievance of the petitioners is that the conditions have not beenadhered to, therefore, they have made a representation dated 07.09.2007before the Commissioner, Greater Hyderabad Municipal Corporation – fifthrespondent complaining with regard to the threat of their structures gettingdamaged by reason of the activities taken up in the site and requested totake necessary steps to safeguard their rights. Thereafter, they havesubmitted another representation dated 06.11.2007 before the CircleInspector of Police – sixth respondent explaining about the activities of theseventh respondent in adopting explosives contrary to the regulationscontained in the Hyderabad Municipal Corporations Act, 1955 stating that inspite of several requests, the seventh respondent has been continuously conducting blasting using explosives of very high intensity at a frequency ofone hour three to four times. Whenever the blast is conducted the shockingwaves pass through the ground rattling windows, doors and fall of articleswith a deafening impact. The children and old are affected with no sleep withconstant vibrations by reason of continuous work during the nights. Accordingly, they requested to initiate action to stop the use of explosives inthe site.

6. The petitioners further submit that they have made an anotherrepresentation before the District Collector on 12.12.2007 requestingstoppage of blasting and to intervene in the matter to safeguard their livesand property from high explosive blasts being undertaken by the eighthrespondent company. They further submit that as no action has beeninitiated they were constrained to file this writ petition.

7. The learned Government Pleader obtained instructions with regard tothe aforesaid allegations and placed a letter before this Court addressed bythe Revenue Divisional Officer to the District Collector dated 15.12.2007. The said letter is extracted as follows:

“GOVERNMENT OF ANDHRA PRADESHREVENUE DEPARTMENT

OFFICE OF THE REVENUE DIVISIONAL OFFICER, HYDERABADDIVISION

Lr.No.J/6247/2007 Dated 15.12.2007

To

The Collector,Hyderabad District.

Sir,

Sub: Explosives Act & Rules – Grant of Permission for controlledblasting to M/s. Associated Projects for blasting of UrbanEntertainment Centre Project at Old Gandhi Medical College,Basheerbagh – Report called for – submitted – Reg.Ref:-1. Collector, Hyderabad Lr.No.C2/1894/2007 dated 13-12- 2007along with its enclosures.2. This office Lr.No.J/6247/2007, dated 14-12-2007 addressed to the Tahsildar, Himayathnagar Mandal. 3. The Tahsildar, Himayathnagar Mandal Lr.No.A/841/2007, dated 15-12-2007.

* * * * *

I invite the kind attention to the reference cited and submitthat, I have inspected the site of Urban Entertainment Project aterstwhile Gandhi Medical College, Basheerbagh along with Tahsildar,Himayathnagar and enquired into the matter regarding violation ofconditions specified in the permission given to M/s. AssociatedProjects, Hyderabad.

During the inspection I have interacted with the complainants residingin the eastern part of the project site who brought to my notice that somecracks have come up in their houses which are visible due to theblasting taken up by the M/s. Associated Projects, Hyderabad.Therefore, it appears that M/s. Associated Projects, Hyderabad haveviolated the conditions specified in the permission at Sl.No.(3), (5), (7)and (8) which is as follows:- As regards to the two heritage buildings, renovation work is taken upunder the supervisions of representative from Archaeology Department.

With regard to other conditions imposed in the permission it requirestechnical opinion from the concerned departments.

This is for favour of kind information.

Yours faithfully

Sd/-

Revenue Divisional Officer

Hyderabad Division”

8. Sri E. Manohar, learned Senior Counsel, appearing for therespondents submits that they have not violated any of the terms and conditions and if ultimately, the Collector comes to the conclusion that thecracks said to have come up on the houses of the petitioners situated on theeastern part of the site are due to blasting, the respondents 7 and 8 will suitably compensate and will also ensure thatnone of the conditions imposed in the letter dated 27.08.2007 are violatedwhile carrying out controlled blasting in the presence of any agency that maybe appointed by the District Collector.

10. Sri D. Prakash Reddy, learned Senior Counsel, submits that accordingto the prima facie report submitted by the Revenue Divisional Officer to theDistrict Collector, the respondents 7 and 8 have already violated theconditions 3, 5, 7 and 8 imposed and therefore, the permission granted bythe District Collector is deemed to have been cancelled and they have noright to continue controlled blasting.

11. In view of the aforesaid rival contentions, I am of the opinion that toresolve the controversy, it is jut and proper for the District Collector to causean enquiry pursuant to the representation filed by the petitioners on12.12.2007 and in view of the letter of the Revenue Divisional Officer dated15.12.2007 in consultation with the Commissioner of City Police and theDistrict Fire Officer and review the matter keeping into account the factualsituation over the site and the neighboring houses and pass appropriateorders in accordance with law, as expeditiously as possible, within a periodof ten (10) days from the date of receipt of a copy of this order. Till such timethe controlled blasting may not be permitted but the respondents 7 and 8may go on with the work manually.

The writ petition is accordingly disposed of. There shall be no order asto costs.

______________

V. ESWARAIAH, J

(B/o)

DSK