Ramachandra Rao, J. - (1.) The Writ Appeal is preferred against the judgment of our learned brother Jeevan Reddy, J. dismissing the Writ Petition filed by the 9 appellants herein challenging the order of the 1st respondent Government in G. O. Ms. No. 391 M. A. dated 23-6-1980 published in the Gazette dated 10-12-1980 according its approval for the Master Plan submitted by the Hyderabad Urban Development Authority, the 2nd respondent herein.
(2.) The relevant facts are as follows: The Legislature of the State of Andhra Pradesh enacted the Andhra Pradesh Urban Areas (Development) Act, 1 of 1975 (hereinafter called the Act) in order to provide for the development of Urban areas in the State of Andhra Pradesh according to plan and for matters ancillary thereto. The Act received the assent of the President on 20-1-1975 and it was published in the Andhra Pradesh Gazette on 27-1-1975. Sub-sec. (3) of S.1 provides that the Act shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint. By order dated 25-9-1975 in G. O. Ms. No. 409 published in the Andhra Pradesh Gazette dated 29-9-1975, the Government fixed 1st Oct., 1975 as the date on which the Act was to come into force.
(3.) Section 2 (o) defines Urban area as follows: "(i) The area comprised within the jurisdiction of the Municipal Corporation of Hyderabad or of any Municipality constituted under the Andhra Pradesh Municipalities Act, 1965 and also any such area in the vicinity as the Government may, having regard to the extent of and the scope for the urbanisation of that area or other relevant considerations specify in this behalf by notification, and (ii) such other area as the Government may, by notification declare to be an urban area, which in the opinion of the Government is likely to be urbanised." Section 13(1) which provides for declaration of Urban areas as development areas read as follows: "As soon as may be after the commencement of this Act where Government consider if necessary to do so for purposes of proper development of any urban area or group or urban areas in this State they may by notification, declare such urban area or group of urban areas to be a development area for the purposes of this Act.";