THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.39830 of 2014

ORDER:

This writ petition is filed to declare the inaction of respondent Nos.1 to 3 in taking any action on the representations of the petitioners dated 02.01.2013, 16.02.2013, 22.02.2013 and 12.03.2014, with regard to the illegal constructions and activities made by respondent No.4 in a residential zone at H.No.3-5-1093/22 & 22/A, Narayanaguda, Hyderabad, as illegal, arbitrary, in violation of Articles 14 and 21 of the Constitution of India, and also in violation of the land use guidelines issued by the municipal authorities vide G.O.Ms.No.363 MA & UD (1) Department dated 21.08.2010, and for a consequential relief.

2. Heard Sri K.Sunil, learned counsel representing Sri B.Chandrasen Reddy, learned counsel on record for the petitioner and Sri G.Madhusudhan Reddy, learned Standing Counsel for respondent Nos.1 to 3.

3. Learned counsel for the petitioner would submit that the petitioner is the owner and resident of House No. 3-5-1094/14, Plot No. 15, Sri Venkateswara Colony, Narayanaguda, Hyderabad; that respondent No. 4 obtained permission for construction of a residential building and has taken up construction of a building consisting of ground + four upper floors on the plot situated at House No. 3-5-1093/22 and 22/A, Sri Venkateswara Colony, Narayanaguda, which is located opposite to the petitioner’s property; that however, contrary to the said permission, respondent No. 4 commenced construction of a commercial complex and has fixed black glazed glass on the front side of the said building. Due to this, the sunlight falling on the black glazed glass is being reflecting onto opposite and neighbouring houses, thereby adversely affecting the health of the members of the neighbouring families.

4. He further submits that respondent No. 4 is using the said building as a godown and is engaging goods vehicles for transportation of pharmaceutical products in bulk quantities and due to the frequent movement of such goods vehicles for loading and unloading, great inconvenience is being caused to the local residents of the colony.

5. Learned Counsel for the petitioner further submits that the petitioner submitted representations dated 02.01.2013, 16.02.2013, 22.02.2013 and 12.03.2014 to respondent Nos.1 to

3, against the unauthorized construction and activities of respondent No.4, however, respondent Corporation has not taken any action on the said representations and aggrieved by the same, present writ petition is filed.

6. Learned Standing Counsel for respondent Nos.1 to 3 by referring to the counter would submit that respondent No.4 has obtained permission for construction of a building consisting of stilt for parking + 4 upper floors vide permit No.200/ZC/CZ/Cir- 10/2010, dated 08.12.2010 and has completed his construction. Subsequently, respondent No.4 has submitted application vide No.2000021607, dated 22.12.2015 for regularization of deviations, in terms of G.O.Ms.No.152 MA dated 02.11.2015, and the same is pending.

7. Learned Standing Counsel for respondent Nos.1 to 3 further submits that as and when the BRS application of respondent No.4 is disposed of, the respondent-Corporation will take further course of action basing on the outcome of the BRS application of respondent No.4.

8. This Court has given its earnest consideration to the submissions made by learned counsel for both the parties and perused the entire material on record.

9. 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 c