THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
TAKEN UP WRIT PETITION No.1 of 2021
ORDER: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ petition is arising out of the issue
relating to installation of statues or construction of
structures on public roads, pavements, sideways and
other public utility places.
A Status Report has been filed in the matter by the
Commissioner, Greater Hyderabad Municipal
Corporation (GHMC), and it has been stated that earlier
the Government has issued a Government Order dated
08.04.2003 constituting a Committee in the matter of
installation of statues in public places. However,
pursuant to the judgment delivered by the Supreme
Court in SLP(C).No.8519 of 2006, dated 18.01.2013, now
a decision has been taken not to give effect to the earlier
Government Order dated 08.04.2003 and not to grant
any permission for installation of any statue or
construction of any structures on public roads,
pavements, sideways and other public utility places. The
Government Order dated 18.02.2013 is reproduced as
under:-
2
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
R & B - Installation/erection of statues/monuments
on any roads in the State of A.P - Compliance of orders
of Hon'ble Supreme Court of India in SLP (C)
No.8519/2006 - Orders - Issued.
-------------------------------------
TRANSPORT, ROADS & BUILDINGS (ROADS-1) DEPARTMENT
G.O.Ms.No.18 Dated:18-02-2013
Read the following:-
1. G.O.Ms.No.55, TR & B (R-1) Dept.,
Dt.8-4-2003.
2. Orders of Hon'ble Supreme Court of India in
SLP (C) No.8519/2006, Dt.18-1-2013.
@@@
ORDER:
In the G.O., first read above, instructions have been issued that no new statues should be permitted for erection on any R&B roads. If Statues/Monuments are unavoidable on roads, they should be located only on large traffic islands, public gardens, parks, premises of Government buildings, town halls or places of public importance. In case any approval of Government is required, recommendation by a Statue Committee headed by the District Collector and comprising of Superintendent of Police, SE (R&B), Chairman/CEO, Local Municipal body, SE (PR), S.E. (AP Transco) and the concerned E.E. (R&B) is mandatory.
2. In the reference second read above, the Supreme Court of India, have passed the following orders:-
"We further direct that henceforth, State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places. Obviously, this order shall not apply to installation of high mast lights, street lights or construction relating to electrification, traffic toll or for development and beautification of the streets, highways, roads etc. and relating to public utility and facilities.3
The above order shall also apply to all other States and Union Territories. The concerned Chief Secretary/Administrator shall ensure compliance of the above order."
3. In pursuance of the orders of the Hon'ble Supreme Court of India, Government hereby decide not to grant permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places.
4. All the State Level and District Level Officers mentioned in the address entry are requested to ensure strict compliance of the above orders of Hon'ble Supreme Court of India.
(BY ORDER IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) MINNIE MATHEW CHIEF SECRETARY TO GOVERNMENT"
Learned Standing Counsel for the GHMC has stated before this Court that they are strictly complying with the aforesaid Government Order and no permission for erection of any statue is being granted in the jurisdictional area of the GHMC contrary to the order passed by the Supreme Court.
In the light of the aforesaid Status Report, the present writ petition stands disposed of with a direction to the Chief Secretary of the State of Telangana to ensure that the Government Order dated 18.02.2013 issued by the Government as well as the directions issued by the Supreme Court dated 18.01.2013 in SLP (C).No.8519 of 2006 are strictly complied with. Any deviation of the 4 order of the Supreme Court and the Government Order dated 18.02.2013 shall be viewed seriously and this Court shall be registering suo motu Contempt Case in case of violation of the aforesaid Government Order and the order of the Supreme Court.
With the aforesaid, the present writ petition stands disposed of. The miscellaneous applications pending in this case, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 23.11.2021 vs