THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

WRIT PETITION No.34305 of 2016

ORDER:

This writ petition is filed challenging the action of

respondents in issuing anti dated notice (notice dated 10.09.2016) under Section 636 of the Hyderabad Municipal Corporation Act, 1955, on 29.09.2016 without considering the reply dated 12.09.2016 submitted by the petitioner and thereby interfering with the petitioner’s right & possession in property admeasuring 360 Square yards bearing H.No.2-2-127/77/1, Plot No.76 & 77, Sy.No.169 & 188, Macha Bollaram Secunderabad and threatening to demolish the building of the petitioner as illegal, arbitrary, unconstitutional and against the principles of natural justice apart from being in violation of the provisions of the HMC Act, 1955 and G.O.Ms.No.152 dated 02.11.2015 and Rules made

there under.

2. Heard Sri V.M.M.Chary, learned counsel for the petitioner and Sri K.Ravi Mahender, learned Standing Counsel for

respondents.

3. Learned counsel for the petitioner submitted that the petitioner is owner and possessor of the property admeasuring

360 square yards bearing H.No.2-2-127/77/1, Plot No.76 & 77, Sy.No.169 & 188, Macha Bollaram, Secunderabad, having purchased the same by way of registered sale deed dated 10.12.1999 vide document No.3426 of 1999. Proposing to construct a residential apartment, the petitioner herein approached the respondents and obtained permission for construction of a building consisting of stilt for parking and 4 upper floors on 06.11.2014 vide permit No.37724 and thereafter constructed stilt + 5 upper floors, while making one extra floor in deviation to the sanction plan.

4. Learned Counsel for the petitioner would submit that the petitioner submitted application vide reference No.20000091138 dated 27.01.2016 for regularization in accordance with GO.Ms.No.152, dated 02.11.2015 and the said application is still pending consideration with the respondents. Meanwhile, without considering the application submitted by the petitioner the respondents have issued notice 29.08.2016 under Section 452(1) & 461(1) of the Hyderabad Municipal Corporation Act, 1955 and in response to the same, the petitioner submitted reply dated 12.09.2016 along with sanction plan and copy of application for regularisation. Without considering the reply, the respondent Nos.2 and 3 visited the petitioner’s building and highhandedly issued impugned notice under Section 636 of the HMC Act which is ante dated as 10.09.2016 and the same is illegal and contrary to settled principles of law. Thus, learned counsel prayed to direct the respondents to consider the application submitted by the petitioner for regularisation as per GO.Ms.No.152 before taking any further action.

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 w