Telangana High Court

WP/28672/2008 of G. Nanda Kumar Vs Greater Hyderabad Municipal Corporation on 29 December 2008

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28672 of 2008 Between: G. Nanda Kumar S/o. G. Damodhar

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHTPRESENT

THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA

WRIT PETITION NO : 28672 of 2008

Between:

G. Nanda Kumar S/o. G. Damodhar

R/o.H.No.6-1-95,Valluvar Nagar,Ammuguda Village,Malkajgiri Mandal,Ranga Reddy District. Rep.by his GPA. Holder, P.Narender Reddy,S/o.Ramchandra Reddy,Age:28,Occ:Business,R/o.Plot No.160, Road No.6, Vayupuri Colony,Sec'bad.,Hyd.

..... PETITIONER

AND

1 Greater Hyderabad Municipal Corporation Rep. by its Commissioner Hyderabad. Hyderabad.

2 Greater Hyderabad Municipal Corporation Rep. by its Deputy Commissioner Kapra Circle, Hyderabad.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court willbe pleased to to issue a Writ, order or direction and more particularly onein the nature of writ of Mandamus declaring the action of the respondentsin issuing notice dated 18-12-2008 there by interfering with the peacefulpossession and construction of the petitioners in property bearing PlotNo.41, Sy.No.600, Sri Sai Baba Officers Colony, Kapra, Secunderabadadmeasuring 267 Sq. Yds., as being contrary to the provisions of HMC.Act, 1955 apart from being illegal, arbitrary, unconstitutional andconsequently direct the respondents not to interfere with the petitionerspossession and construction in the said property.

Counsel for the Petitioner:MR.P.SRI HARSHA REDDY

Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SCFOR MCH 1,2,4&6

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ORDER:

This writ petition is filed seeking a Writ of Mandamusdeclaring the action of the respondents in issuing notice dated18.12.2008 and thereby interfering with the peaceful possession andconstruction of the petitioner’s plot bearing No.41, Sy.No.600, SriBaba Officers Colony, Kapra, Secunderaabd admeasuring 267square yards as illegal, arbitrary and contrary to the provisions ofHMC Act, 1955 and consequenlty for a direction to the respondentsnot to interfere with the petitioner’s possession and construction inthe said property.

The case of the petitioner is that he is the absolute owner andpossessor of an extent of 267 square yards in plot No.41, Sy.No.600,Sri Sai Baba Officers Colony, Kapra, Secunderabad and with a viewto construct a residential house, he applied to the respondents forsanction of building permission and the respondents videproceedings dated 16.04.2007 sanctioned the plan for consturction ofGround floor and First floor. Accordingly the petitioner madeconstruction and laid slabs for Ground+2 floors in the month ofNovember, 2007. While so, the 2[nd] respondent, on 24.12.2007,served a notice under Section 452 of the Hyderabad MunicipalCorporation Act, 1955 on the petitioner directing him to remove theconstructions made in deviation of the sanction plan. Thereafter, afinal notice under Section 636 of the Act was also issued on07.01.2008. Subsequently, the petitioner submitted an application on29.04.2008 seeking regularization of the construction made deviatingfrom the sanction plan by paying requisite fee, as perG.O.Ms.No.901 dated 01.01.2008. Pending consideration of the said application before the 1[st] respondent, the 2[nd] respondent againissued a notice dated 18.12.2008 directing the petitioner to removethe construction made in deviation of the sanction plan. Hence thewrit petition.

Heard both sides.

Having considered the submissions made by the learnedCousnel on either side, I deem it appropriate to dispose of this Writpetition at the admission stage in the following manner:

The petitioner may complete the entire construction of thebuilding. But, however, the said construction is subject toconsideration of the appliocation submitted by the petitioner, on29.04.2008, in terms of G.O.Ms.No.901 dated 01.01.2008. Pendingconsideration of the said application, the respondaents shall not takeany coercive steps. It is made clear that the petitioner, under theguise of this order, shall not make any further construction.

The writ petition is accordingly disposed of. No costs.

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29-12-2008Note: C.C. in two days.(Bo)Gsn.

(GOPALA KRISHNA TAMADA,J)

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