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2007 Supreme(AP) 858

GODA RAGHURAM
B. Uma Devi – Appellant
Versus
Greater Hyderabad Municipal Corporation, Represented By Its Commissioner, Tankbund, Hyderabad – Respondent


Advocates Appeared:For the Petitioner:D. Madhava Rao, Advocate. For the Respondents: P. Radha Krishna, SC for GHMC.

Judgment :-

Oral Order:

The petitioner assails the notice dated 6.8.2007 [issued under Section 636 of the Hyderabad Municipal Corporation Act, 1955 (for short 'the Act'], whereby the petitioner is directed to demolish/pull down/remove the deviations/unauthorized structure, specified therein.

Earlier on 16.7.2007, the 1st respondent issued a notice under Section 452 of the Act, intimating the petitioner that having obtained a building permission for construction of a residential, ground+two floors structure, vide a permit dated 22.5.2003, she had deviated from the approved plan in the constructions.

The deviations (pointed out in the notice) are; an extent 1.51 mts in the front set backs and 0.50 mts on the set back on one side, apart from addition of a room unauthorisedly, on the 3rd floor. The petitioner was called upon to submit her explanation to the show cause notice within the stipulated time. On 3.8.2007, the petitioner submitted her explanation stating that she had not violated any law; her house is an individual house and not an apartment or a flat complex; and that she has maintained the set backs, except for some minor deviations. Having considered the explanation, the 1st




































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