2024 Supreme(Online)(TEL) 21045
HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.30436 OF 2024
ORAL ORDER:
Heard Mr.Praveen Bonkuri, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Mr.S.Surender Reddy, learned Standing Counsel appearing for respondent Nos.2 and 3 and Ch.Ravi Kumar, learned Assistant Government Pleader for Home. Perused the record.
2. The petitioner is claiming that he is the absolute owner and possessor of House bearing No.12-1-108, Pinnavari Veedhi, Warangal. The said building is 100 years old and it is in dilapidated condition. Therefore, he has submitted a representation dated 22.06.2024 to respondent No.2 with a request to demolish the said building. On receipt of the said representation, respondent No.2 has issued notice dated 28.06.2024 requesting the petitioner to vacate the said property and remove the said house in dilapidated condition within seven (07) days. According to the petitioner, there was a law and order problem and respondent No.4 has to provide necessary police-aid. Respondent No.4 is not providing any police aid and respondent No.2 is not taking any further steps pursuant to notice dated 28.06.2024. Aggrieved by the said inaction, the petitioner filed the present Writ Petition.
3. Section 182 of the Telangana Municipalities Act, 2019 (for short, ‘the Act, 2019’) is relevant and the same is extracted below:
Section 182: Dangerous Structures, Precautions in case of dangerous structures.
(1) If any structure appears to the Commissioner to be in a ruinous state and dangerous to the passersby or to the occupiers of neighboring structures, he may, by notice, require the owner or occupier to fence off, pull down or repair such structures so as to prevent any danger therefrom. (2) If immediate action is necessary, the Commissioner shall himself, before giving such notice or before the period of such notice expires, fence off, pull down or repair such structures or fence off a part of any street or take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner or occupier.
(3) If, in the opinion of the Commissioner, the said structure is imminently dangerous to the inmates thereof, he shall order the immediate help of any police officer.
Therefore, respondent No.2 has power to seek police-aid from respondent No.4 in terms of Section 182(3) of the Act, 2019.
4. Learned counsel for the petitioner, on instructions, would submit that the petitioner is ready to demolish and he is anticipating some law and order problem from the neighbourers and therefore he has to approach respondent No.4 for providing police-aid at the time of demolition. A direction may be given to respondent No.4 to provide police-aid.
5. Learned Assistant Government Pleader for Home appearing for respondent No.4, on instructions, would submit that on representation of the petitioner necessary police-aid will be provided at the time of demolition.
6. Learned Standing Counsel appearing for respondent Nos.2 and 3, on instructions, would submit that respondent No.2 will depute an official at the time of demolition of the subject property and the petitioner shall inform the date and time of the demolition.
7. In the light of the said submissions, the Writ Petition is disposed of granting liberty to the petitioner to submit a representation to respondent No.2 with a request to depute a person, mentioning the date and time of the demolition and also submit a representation to respondent No.4 with a request to provide police-aid. On receipt of the said representations, respondent No.2 shall depute an official and respondent No.4 shall provide police-aid to the petitioner, at the time of demolition. The petitioner shall submit the said representations within one week from the today and on receiving the said representations, respondent Nos.2 and 4 shall act upon the same on the date and time mentioned by the petitioner, failing which, liberty is granted to respondent Nos.2 and