Andhra Pradesh High Court
Judges : N.V.RAMANA
Arvind L.Abhyankar - Appellant
Versus
Municipal Corporation of Hyderabad by its Commissioner - Respondent
W.P.No.9684/94 & Batch
Decided On : 09-07-02
Advocates Appeared :
Mr.C.Malla Reddy,Mrs.G. Jyothi Krian,Mr.L.Ravichander
Purchaser of flats on floors 5 to 10 are not holding registered sale deeds - In the absence of registration, contents of document, which is required, to be registered, cannot be gone into, except for collateral purpose of proving possession
Purchasers though well aware of long drawn litigation between builder and Corporation entered into agreement with builder for purchase of flats - In the absence of any valid transfer in favour of purchasers they cannot rely on contents of agreement of sale and contend that they are absolute owners of flats
High Court cannot give a mandamus directing Corporation, not to demolish building irrespective of illegal and unauthorised construction - Representation of petitioners, purchasers if pending before Government for regularisation of their flats under BRS Scheme, shall be considered and disposed of within 3 months and in the mean time no coercive action for demolishion of building shall be taken
( 1 ) ALL these four writ petitions are interconnected, and therefore, they are heard together and are being disposed of by this common order.
( 2 ) FOR the sake of expedience, the petitioner in W. P. No. 9684 of 1994 shall be referred to as the Builder for he is said to have constructed the multi-storied building christened meera Niketan located at Kutbiguda, Hyderabad, while the petitioners in W. P. Nos. 9875, 10639 and 10755 of 1994, shall be referred to as the Purchasers for they claim to have purchased the flats in the building, and while the respondent-Municipal Corporation of Hyderabad shall be referred to as the Corporation.
( 3 ) THE Builder filed W. P. No. 9684 of 1994, initially impugning the press release dated 11-5-1994, issued by the Corporation, in the newspapers, namely The Hindu, Newstime, Indian Express, etc. , threatening to demolish the building, as illegal and arbitrary.
( 4 ) SUBSEQUENTLY, the Builder filed W. P. M. P. No. 27085 of 1999 seeking to amend the prayer in the writ petition, which was ordered on 9-12-1999. The amended prayer reads: to set aside the notice dated 6-6-1994 issued to the petitioner directing to remove the alleged unauthorised construction from 5th to 10th floors consisting of 30 flats in the upper floor and three flats on the ground floor, total 33 flats in the premises bearing No. 3-3-825/2, situated at Kutbiguda, Hyderabad, to declare that the floors from 5th to 10th raised are in accordance with the plan approved under deeming provision and also to declare that the Zoning Regulations, 1981 and A. P. Apartments (Promotion, Construction and Ownership) Rules, 1987 are not applicable to the petitioners building and to declare the action of the respondent in issuing the notice for demolition after nearly six years is contrary to the judgment in S. A. No. 154 of 1983, dated 10-11-1987 and consequently to direct the respondents not to demolish any portion of the abovementioned premises.
( 5 ) ASSAILING the very same press release dated 11-5-1994, the Flat Owners Welfare Association of the building filed W. P. No. 10639 of 1994. While about ten persons, claiming to have purchased flats in the building filed W. P. Nos. 10755 and 9875 of 1994, assailing the notice dated 6-6-1994 issued by the Corporation, as illegal and arbitrary, and consequently to direct the Corporation not to demolish the flats purchased by them.
( 6 ) THE facts necessary to dispose of these four writ petitions, may briefly be noted as stated by the Builder in the writ petition filed by him.
( 7 ) ON 19-6-1979, the Builders father applied for permission to the Corporation for construction of the multi-storeyed building (Ground + 10 floors ). When there was no response from the Corporation either granting or rejecting the permission within the statutory period of 30 days, the Builders father commenced construction of the building on 19-7-1979. The Builders father also made an application to the Corporation on 16-8-1979 requesting them to exempt the building from certain Building Bye-laws of 1972. When the Corporation issued notice dated 14-9-1979 directing the Builders father to stop construction of the building, he instituted a suit being O. S. No. 2972 of 1979 on the file of the V Assistant Judge, City Civil Court, Hyderabad, seeking to restrain the Corporation from interfering with the construction of the building. Eventually, the suit was dismissed on 15-1-1981. The appeal filed there against was allowed by the Additional Chief Judge, City Civil Court, Hyderabad, in A. S. No. 63 of 1981, dated 14-9-1981, holding that the construction of the building was not in violation of any of the Building Bye-laws of 1972. Aggrieved thereby, the Corporation filed second appeal before the Court in S. A. No. 154 of 1983. During the pendency of the second appeal, about 42 persons, claiming to be residents of Kutbiguda, filed W. P. No. 4601 of 1987, questioning the construction of the building. This Court by ord
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