HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION Nos.23644 of 2014 and 11507 of 2015

COMMON ORDER:

W.P.No.23644 of 2014 is filed seeking following relief:

“To declare the inaction of respondent Nos.1 and

2 in not taking the action against the illegal constructions of the 3^rd respondent herein in and over the premises No.6-3-832/C/1/1, 6-3-832/3, 6-3-832/3/1, 6-3- 832/3/2, 6-3-832/1/1, ameerpet, Hyderabad inspite of the representation dated 05.08.2014, as illegal and arbitrary.”

W.P.No.11507 of 2015 is filed seeking following relief:

“To declare the inaction of respondent No.2 herein in considering the application dated 27.02.2015 for minor deviations, as illegal and arbitrary.”

2. Since the issue raised in both the writ petitions is inter connected, both the writ petitions are heard together and are disposed of by way of this common order.

3. Heard Ms. Harthika, learned counsel representing Mr. G. Thirupathi Reddy, leaned counsel for the petitioner in W.P.No.23644 of 2014 and respondent Nos.3 and 4 in W.P.No.11507 of 2015, Sri Akkam Eshwar, learned counsel for the petitioner in W.P.No.11507 of 2015, Sri Syed Tousif Basha, learned counsel for respondent No.3 in W.P.No.23644 of 2014 and Sri M. Arun Kumar, learned Standing counsel for GHMC in both the writ petitions.

4. W.P.No.11507 of 2015 is taken up as lead case in so far as as facts are concerned.

5. Brief facts of the case as averred in the writ affidavit are that petitioner is the absolute owner and possessor of properties bearing municipal Nos.6-3-832/3, 6-3-832/3/2, 6-3-832/3/1, 6-3-832/1/1, total admeasuring 511 square yards, situated at Ameerpet, Hyderabad, having acquired the same through registered sale deeds bearing document Nos.6 of 1978, 1110 of 2002 dated 18.06.2002, 2357 of 2002 dated 21.11.2002 and 1430 of 2002 dated 30.07.2002, that the name of the petitioner was mutated in the revenue records and he has been paying water bills, electricity bills, property tax, etc., that has obtained municipal permission for construction of stilt+4 upper floors for residential use under municipal sanction plan vide permit No.17037/HO/C2/C-10/2012 dated 20.11.2012 and completed construction as per the sanctioned plan.

6. It is further averred that respondent Nos.3 and 4, who are members of the same locality have filed a writ petition vide W.P.No.23644 of 2014; alleging that petitioner has made construction without obtaining permission. While the matter stood thus, at the instance of respondent Nos.3 and 4, respondent No.2 has issued impugned notice dated 10.02.2015 under Sections 452 (1) and 461 (1) of the GHMC Act, 1955, stating that there are deviations from approved plan; that petitioner has given reply to the said show cause notice, stating that the overall deviations of the building amounts to 0.37% which is within the limit of total structure; and that petitioner submitted an application dated 27.02.2015 for regularization and penalization of minor deviations under Section 455 AA of the GHMC Act vide application No.9439/27/02/2015/CZ, and the same is pending with the respondent corporation. Aggrieved by the same, present writ petition is filed.

7. Learned counsel for the petitioner further submitted that there are certain disputes between the petitioner and respondent Nos.3 and 4 and in fact criminal cases were also filed by the petitioner against respondent Nos.3 and 4. Though, the petitioner constructed the building in accordance with the sanctioned plan, respondent Nos.3 and 4 are trying to influence respondent No.2 to take action against the construction raised by the petitioner.

8. Learned counsel for respondent Nos.3 and 4 would submit that respondent No.4 is the owner of house bearing No. 6-3-832/1/2, Ameerpet, Hyderabad, having acquired the same through registered sale deed bearing document No.1418 of 1998 dated 21.09.1998. Petitioner is the owner of house bearing municipal Nos.6-3-832/3, 6-3-832/3/2, 6-3-832/3/1, 6-3-

832/1/1; that petitioner has undertaken constru