AIR 1982 ANDHRA PRADESH 431 ::(1982) 2 APLJ 28 ::(1982) 2 AndhWR 284

Andhra Pradesh High Court

Hon'ble Judge(s): Alladi Kuppuswami , C.J. AND A. Seetharam Reddi , J

Hyderabad Municipal Corporation Act (2 of 1956) , S.506— Hyderabad Municipal Corporation (Buildings) Bye-laws (1972) , Bye-law 23, Bye-law 24— Bye-laws framed under - Interpretation - Bye-laws 23 and 24 are meaningless, unreasonable and arbitrary - They are void. The heading of Bye-law 23 is ''open space" requirements - Open air space". From the body of that Bye-law it is seen that it deals only with a room intended for human habitation and says that it shall abut an interior or exterior open space of the width or dimensions specified in the table, whereas the table thereunder deals with height of the building in one column and the minimum width of the open air space on all sides in the other. The table does not fit into the main body of the Bye-law. In other words, it does not appear to have any nexus with the Bye-law. The Bye-law does not refer to any open space at all with reference to a building. Again the interpretation of the table along with the Bye-law raises many questions. According to the table the width of open air space to be left increases with the height of the building. If this is to be literally given effect to if a particular open space corresponding to the minimum height is left in the first instance at the ground floor level, then as the open space has to increase with the height of the building, there has to be a set-back, at every floor....