Telangana High Court
WP/27397/2011 of Smt. K. Anjana Devi, Vs Greater Hyderabad Municipal Corporation, on 29 December 2011
SRI JUSTICE K.C.BHANU WRIT PETITION No. 27397 OF 2011 ORDER : This Writ Petition is filed seeking to issue a writ of mandamus directing the respondents 1 to 3 to demolish all the commercial shops and a hotel being run in the residential apartments namely Highness Residency in M.C.H.
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THE HON’BLE SRI JUSTICE K.C.BHANUWRIT PETITION No. 27397 OF 2011ORDER :
This Writ Petition is filed seeking to issue a writ ofmandamus directing the respondents 1 to 3 to demolishall the commercial shops and a hotel being run in theresidential apartments namely Highness Residency inM.C.H. bearing No.3-6-527, street no.7, Himayatnagar,Hyderabad.
2. The facts, in brief, leading to file this Writ Petition areas follows:
The petitioners are residents of apartments ofHighness Residency, H.No.3-6-527, street no.7,Himayatnagar, Hyderabad. Respondents 4 to 9 wereowners of the aforesaid land admeasuring 2830 squareyards and entered into development agreement withrespondents 10 to 13. Respondents no.10 obtainedpermission for construction of 45 residential apartments,but in deviation thereof, it constructed 10 commercialshops and a hotel and let out the commercial space ofabout 8000 square feet, depriving the flat owners parkingarea and causing inconvenience and nuisance to theresidents for ingress and egress, and that the chimneys ofthe hotel are emitting smoke and foul smell in the midst ofthe apartments. The petitioners got issued registerednotice dated 11.02.2011 to the first respondentcomplaining about the same, but no action has beentaken thereon. Hence, the Writ Petition.
3. Heard the counsel appearing for all the parties. It isstated by them that appropriate decision can be taken bythe first respondent in accordance with law with regard toshops raised in the subject premises. Recording the saidsubmission, the Writ Petition is disposed of directing thefirst respondent to take appropriate decision in the matterin accordance with law. No costs.
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29.12.2011
(K.C.Bhanu, J.)DRK
THE HON’BLE SRI JUSTICE K.C.BHANU
WRIT PETITION No. 27397 OF 2011
29.12.2011