The court mandates processing of pending applications for regularization of unauthorized constructions under specified timelines to uphold compliance with municipal regulations.

ORDER:

LAXMI NARAYANA ALISHETTY, J.

This writ petition is filed challenging the action of respondent No.3 in issuing the impugned notice No.1075/ACP/TPS/C9B/CZ/GHMC/16, dated 16.01.2016 under Section 636 of the Hyderabad Municipal Corporation Act, 1955, as illegal, arbitrary and contrary to G.O.Ms.No.152, dated 02.11.2015.

2. Heard Sri E.Phani Kumar, learned counsel for the petitioner and Sri G.Madhusudhan Reddy, learned Standing Counsel for respondent Nos.2 and 3.

3. Learned counsel for the petitioner would submit that the petitioner is owner and possessor of property bearing Municipal No.2-2-1075/14/A, Bagh Amberpet, Hyderabad, admeasuring 461 square yards. Proposing to construct new building, the petitioner applied for permission by demolishing the old structure and the 2nd respondent accorded permission for construction of Stilt for parking plus 3 Upper floors vide Permit No.36749/DC/CZ/CIR-9/2014, dated 23.09.2014. He would further submit that the petitioner has commenced construction and completed the construction by the end of February, 2015. Thereafter, the petitioner raised 4^th and 5^th floors, contrary to the approved plan and the 3rd respondent issued notice under Section 452 (1) and 461(1) of the HMC Act, 1955, alleging that the petitioner raised construction without leaving setbacks and also made unauthorised construction of 4^th and 5^th floors contrary to the approved plan. The said notice was followed by notice under Section 452 (2) of the HMC Act, 1955 basing on the complaint made by a neighbour.

4. Learned Counsel for the petitioner further submits that the Government has come up with a scheme for regularisation of unauthorised constructions under G.O.Ms.No.152, 02.11.2015; and that the petitioner has submitted application vide reference No.2000034914 dated 26.12.2015 for regularisation of unauthorised construction and while the said application is pending for consideration, the respondents issued impugned notice dated 16.01.2016 under Section 636 of the HMC Act, 1955. Therefore, learned counsel prayed that appropriate directions be given to respondents to consider the application submitted by the petitioner for regularisation as per GO.Ms.No.152.

5. Learned Standing Counsel for respondent-GHMC submitted that the State Government has issued GO.Ms.No.152, dated 02.11.2015 for regularization of unauthorized constructions made in deviation of sanctioned plan and the said GO was challenged in WP(PIL).No.63 of 2016, wherein a Division Bench of this Court vide interim order dated 18.10.2016 directed GHMC/respective Municipal Corporations to decide the applications for regularization and if the applications for regularization are rejected, to take further action for demolition of illegal structures in accordance with law. He further submitted that insofar as applications where the GHMC or the other Municipal Corporations, tentatively decide to regularize the illegal structures, such a decision shall merely be recorded in the file, and shall neither be given effect to nor shall it be communicated to the applicants, pending further orders from this Court.

6. It is relevant to note that the Government of Telangana has formulated Rules for regularization of unauthorized/illegal constructions, which are constructed in deviation of sanctioned plan or without permission, vide GO.Ms.No.152, dated 02.11.2015. As per the said G.O., the application for regularization of unauthorized construction has to be submitted within a period of 60 days from the date of notification of the said Rules along with 50% of regularization amount as per Rule 5 or minimum of Rs.10,000/- whichever is less. The competent authority