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2007 Supreme(AP) 1145

BILAL NAZKI, RAMESH RANGANATHAN
Municipal Corporation of Hyderabad, Hyderabad – Appellant
Versus
Philomena Education Foundation of India, Hyderabad – Respondent


Advocates:
Advocate appeared:
(Mrs.) Kalpana Ekbote, Counsel for the Petitioner; S.S. Prabhakar for (Ms.) C. Sindha Kumari, Counsel for the Respondent.

Judgment

RAMESH RANGANATHAN, J :Rapid urbanisation has necessitated regulations being made, and restrictions being imposed, in public interest on the common law rights of individuals to construct buildings of their choice, (Shiv Kumar Chadha v. Municipal Corporation of Delhi, 1993 (3) see 161), to ensure systematic, orderly and methodical development of cities. (3 ACES, of a partnership firm rep., by its partner Sri Bishanlal Ahuja, Hyderabad v. Municipal Corporation of Hyderabad, rep., by its Commissioner, Hyderabad, 1995 (1) ALD 1 = 1994 (3) ALT 73 (FB)).

2. Inability of municipal authorities to stop illegal constructions has resulted in ever increasing violation of building plans and bye-Jaws the wrongdoers emboldened by the fact that the law will not catch up with them. (Supreme Court Monitoring Committee v. Mussoorie Dehradun Development Authority, (2003) 10 SCC 445). Such illegal activities of raising unauthorized constructions must be firmly dealt with as it is against public interest. (Pratibha Co-operative Housing Society Ltd. v. State of Maharashtra, AIR 1991 SC 1453). Exercise of judicial discretion, in interfering with the action of municipal officers in curbing such vi



















































































































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