Unauthorized construction cannot be regularized if it deviates from sanctioned plans, and failure to obtain proper permissions invalidates subsequent legal claims for regularization.

ORDER :

T.VINOD KUMAR, J.

This Writ Petition is filed with the following prayer:

“…to issue an appropriate writ, order or orders to set aside the order passed in W.P.No.9979 of 2024, dt. 18.04.2024, and to issue a consequential direction to the respondents 2 to 5 not to proceed against the property bearing No.6-3- 1177/A/120 and 6-3-1177/A/104, B.S.Maktha, Begumpet, Hyderabad, till the disposal of the application filed by the petitioner under Section 455A of the GHMC Act, 1955 and pass such order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case..”

2. Heard learned counsel appearing for the petitioner, learned Government Pleader for Municipal Administration & Urban Development (MA&UD) appearing for respondent No.1, Sri K.Siddharth Rao, learned Standing Counsel appearing for respondent Nos.2 to 5, and with their consent the Writ Petition is taken up for hearing and disposal at admission stage.

3. Having regard to the nature of lis involved and the manner of disposal of the Writ Petition, this Court is of the view that notice to unofficial respondent No.6 is not necessary for adjudication of the present Writ Petition.

4. The case of the petitioner as set out in the affidavit, in brief, is that she is aggrieved by the order passed by this Court in Writ Petition No.9799 of 2024, dt. 18.04.2024, whereby this Court had directed the respondents-authorities to take action against the construction made by the petitioner and her son in the premises bearing Nos.6-3-1177/A/120 and 6-3-1177/A/104, admeasuring 400 sq. yards in B.S.Maktha, Begumpet, Hyderabad, as the said order has been passed without making them parties to the said writ petition. Hence, the present Writ Petition.

5. Petitioner contends that she had purchased a portion of the property bearing House Nos.6-3-1177/A/120 and 6-3-1177/A/104 admeasuring 200 sq. yards along with a construction in 100 sq. feet having RCC roof, under a registered sale deed bearing No.1525/2022, dt. 07.05.2022; and that her son namely Cheguri Eswar Sai Kishore has purchased the remaining portion of the aforesaid house property admeasuring 200 sq. yards on the same date vide registered sale deed bearing No.1526/2022, and are in possession of the said property.

6. It is the further contention of the petitioner that herself and her son have approached the respondents-authorities and made application individually, seeking building permission in respect of the property purchased by them under the aforementioned two sale deeds; that the respondents-authorities by considering the applications made by her granted building permission on 23.06.2022 for construction of Stilt + 2 Upper floors; and that her son was also granted building permiss