VISAKHAPATNAM: The High Court has disposed of the petition with regard to the Singapore housing project at Madhurawada and directed the Visakhapatnam Urban Development Authority (VUDA) not to proceed with the project "so long as the land in question stands to be a protected area.''

The petition had sought declaration of mega housing project being executed on 40 acres at a cost of Rs. 139 crores by VUDA through Jurong (India) Infrastructure in survey numbers 394, 396/p and 397/p as unconstitutional. The contention was that the site falls in an archaeologically protected area.

The court ruled that the newly-carved out survey numbers 394, 396/p and 397/p were within the protected site of Buddhist monument at Bavikonda.

What the Act says

As per Section 16 (1) of AP Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1960, no person including the owner or occupier of a protected area, shall construct any building within the protected area or any part thereof in any other manner without the permission of the Government. The writ was filed by Buddha Vihara Foundation, M.D. Maha Bodhi Buddhist Society and Visakha Buddhist Youth Association.

The VUDA, the State Government represented by Principal Secretary, Education, Director of Archaeology and District Collector, Visakhapatnam were the respondents. The counsel for VUDA had submitted that based on the counter of third respondent (Director, Archaeology) and the said joint inspection report of Director of Archaeology and District Collector (R-4), ''...there were certain errors with regard to the identity of the land.'' The court said having regard to the facts and circumstances of the case, the writ was disposed of and directed VUDA not to proceed with the mega housing project so long as the land in question stands to be in protected area.

While K.S. Murthy appeared for the petitioners, VUDA viewpoint was presented by its standing counsel. Meanwhile, Buddha Vihara Foundation founder-secretary B.S. Chalam welcomed the order and asked VUDA to scrap the project.

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