WP/42716/2015 of Spectrum Flat Owners Association, Vs State of Telangana, Represented by its Principal Secretary on 31 December 2015

ORDER:

WRIT PETITION No.42716 of 2015

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief/s:- “….to issue a Writ of Mandamus or any other appropriate writ, orderor direction declaring the action of the respondents 1 to 4 in notinitiating any action on the petitioner representation dated01.12.2015 against the 5[th]respondent for making illegalconstruction over the Municipal House bearing Nos.3-3-835/19, 19 Ato 19 D, M/s. Spectrum Icon, as illegal, arbitrary and consequentlydirect the respondent Nos.1 to 4 to demolish the illegal constructionmade by the 5[th] respondent on the terrace of Municipal Housebearing Nos.3-3-835/19, 19A to 19D, M/s. Spectrum Icon, and passsuch other order or orders as may deem fit and proper in thecircumstances of the case.”

(Reproduced Verbatim)

2. I have heard the submissions of the learned counsel for the writpetitioner and Sri P. Kesava Rao, the learned Standing Counsel forthe GHMC, representing the respondents 2 to 4. I have perused the material record.

3. The case of the writ petitioner as set out in the petition and as perthe submission made on its behalf, in brief, is this: “The 5[th] respondenthaving obtained permission for construction of stilt (parking area), first,second, third and fourth floors, had made construction accordingly.Thereafter, the 5[th] respondent had proceeded to make furtherconstruction over the 4[th] floor and had constructed a pent house/5[th]floor additionally without obtaining any permission from the MunicipalCorporation. Feeling aggrieved, the petitioner-Association had madea representation dated 01.12.2015 to the respondents 1 to 4complaining against the said illegal and unauthorized constructionmade by the 5[th] respondent. Inspite of such representation, no actionwas initiated by the said respondents against the illegal constructionmade by the 5[th] respondent on the terrace of the 4[th] floor of the subject property. Hence, the present writ petition is filed.”

4. The learned standing counsel for the GHMC would submit thatthough permission and approval were obtained for construction of stiltand four floors, the 5[th] respondent had illegally constructed the 5[th]floor about 1 ½ years back; and that for the reasons best known to it,the petitioner had kept quiet and had made a belated representation;and that in response to the said representation of the petitioner, theGHMC had already initiated action; and that the Officer concerned hadalready inspected the premises and that a notice under Section 452 (1)of the Hyderabad Municipal Corporation Act had already been issued;and that pursuant to such action that was thus initiated, the GHMC isgoing to take further action in the matter in strict accordance with theprocedure established by law, and that, therefore, the grievance of thepetitioner is not well founded and the writ petition is liable to bedismissed.

5. The learned counsel for the petitioner would submit that since it isrepresented by the learned standing counsel for the GHMC that actionwas already initiated in accordance with the procedure established bylaw, a direction may be given to complete the said exercise inaccordance with law within a timeframe and necessary orders may bepassed.

6. The learned standing counsel for GHMC would submit that theGHMC has no qualms for the petitioner seeking such a direction, asthe GHMC is already proceeding in accordance with the procedureestablished by law.

7. Recording the said submissions, the writ petition is disposed ofleaving it open to the 2[nd] respondent-GHMC to further proceed in thematter and complete the whole exercise, in strict accordance with theprocedure established by law, as expeditiously as possible, however, within six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in the writ petition shallstand closed.

______________________

M.Seetharama Murti, J

31[st] December, 2015Note: Furnish C.C. by 06.01.2015. (b/o) cbs