This is an application under Article 226 of the Constitution of India for issuing a Writ of Certiorari to quash the permit No.475/94 in file No.35/TP6/94 issued by the respondents 1 to 3 in favour of the sixth respondent permitting respondents 4 to 6 to construct a multi-storied building complex in premises NoA-1-1225, King Kothi Road.

2. Necessary facts which are relevant for disposal of the writ petition are briefly stated thus: Late A.B.H. Khursheed who is the owner and possessor of the premises bearing NoA-1-1225 had constructed two separate buildings, one on the south and another on the north facing the main CC road leaving a passage of about 10 feet in-between the two buildings. The second petitioner purchased the southern side of the building, namely, D.NoA-1-1225/2 in the year 1975 and since then she has been in possession of the said property. Late Khursheed executed a will in favour of his unmarried sister Ms. Khursheed Banu and as per the will, she must enjoy the property during her life time and after her death it must revert back to the management of the sixth respondent-Trust. Miss. Banu in the year 1979 sold away the northern wing of the said building bearing Municipal NoA-1-1225/1 King Kothi Road, Hyderabad to the first petitioner and since then he has been in possession and enjoyment of the said property. The Management of the sixth respondent Trust applied to the Municipal Corporation of Hyderabad (MCH) for permission to construct a multi-storied building over the premises bearing M. No.4-1-1225. On coming to know of the same, the petitioners lodged a complaint before the 2nd and 3d respondents to stop the illegal construction, but as is of no avail, the petitioners filed the present writ petition contending that granting permission by the respondents 1 to 3 in favour of the sixth respondent enabling them to construct a multistoried building is in violation of the Municipal Corporation Building Bye-laws (for short "the Bye-laws") and Multi-storied Building Regulations, 1981 (for short the Regulations"). No permission to construct a multi-storied building can be granted if the area is less than 2000 sq. metres, whereas the area where permission is granted is only about 1725 sq. yards i.e., about 1442.56 sq. metres i.e., far below the required extent. The site where permission is granted is surrounded by buildings on all the sides except an opening towards the western side through a passage of 10 feet width which abuts the petitioners buildings all along. The proposed construction is in gross violation of the Multi-storied Building Regulations, 1981, because, multi-storied building activity cannot be carried on a road where the width of which is less than 40 feet wide. Construction if allowed to proceed would cause immense damage to the adjacent property and 10 feet passage will not be sufficient to cater the needs of the vehicle owners who visit the multi-storied complex and petitioners who are adjacent owners. Further, premises bearing M.NoA-1-1225 falls within Zone Nos.6 and 7 which is a prohibited zone for construction of multi-storied building as per the Master Plan. Petitioners 3 to.5 who have been brought on record as L.Rs. of the first petitioner are enjoying the easementary rights to let out drain which passes through the open space of 10 feet. The writ petition was got amended by raising following additional grounds as per the orders passed in WPMP No.1646 of 1995 dt.30-1-1995, namely, respondents 5 and 6 had failed to obtain a clearance certificate from the Director of Fire Services as the ground coverage of the building is more than 500 sq. metres, which is in violation of Bye-law No.21; entrance and exit is less than 9 metres, whereas the minimum radium required is 15 metres; Regulation Nos.7, 7.2.1, 7.2.2 and 8 of Bhagyanagar Urban Development Authority Zoning Regulations had been violated; Municipal Corporation of Hyderabad has no jurisdiction or authority to grant permission to construct a m