GANGADHARA RAO, J.

( 1 ) THE question for our consideration in this appeal is whether the Hyderabad Municipal Corporation has no option but to direct demolition of a building which was constructed without the prior permission of the Municipal Corporation? It arises this way: The respondent obtained on lease the land and buildings of late Nawab mohd. Nawaz Jung at Toli Chowki, Hyderabad under the lease deed dated 15th December, 1972. According to the terms of the lease, he is entitled to fit and construct starch Sago produce machinery in the building and also Tanks, Drawing Chamber Tankers, boilers etc. , on the land. Without obtaining the prior permission of the Municipal corporation of Hyderabad he had constructed some settled Tanks, theptic Tank, Washing Tank and Chemical Operation Tanks, etc. When he was proceeding with the construction the Municipal Corporation gave him a notice on 4-9-1973 under Section 461 of the hyderabad Municipal Corporation Act, (hereinafter called the act ) to stop further construction. On 5-9-1973 the Corporation gave him another notice under Section 452 of the Act to show cause as to why the construction should not be removed. The petitioner submitted

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