THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.11277 of 2015

ORDER:

This writ petition is filed to declare the action of respondent Nos.1 to 4 in not taking any action against respondent No.5 who is making unauthorized/illegal construction of Cellar, 2^nd, 3^rd and 4^th floors in premises bearing H.No.22-8-37 to 41, Chatta Bazar, Hyderabad, as illegal, arbitrary and violative of Articles 14, 21 and

300-A of the Constitution of India.

2. Heard Ms.Nandini Upadya, learned counsel for the petitioner, Sri Raparthi Venkatesh, learned Standing Counsel for respondent Nos.1 to 4 and M.Radha Krishna, learned counsel representing Sri Mirza Shah Nawaz Baig, learned counsel on record for respondent No.5.

3. Learned counsel for the petitioner would submit that the petitioner residing in the House bearing No.22-8-32, Chattha Bazar, Hyderabad and respondent No.5 is neighbor of petitioner. The respondent No.5 obtained permission for construction of Ground + 1st floor vide permit No.29808/DC/S2, circle-IV, File No.74989/05/09/2013, dated 27.11.2013 from respondent corporation for which a setback of 3.5 meters is required to be maintained on all sides as per the building regulations, however, respondent No.5 constructed ground + 4 upper floors and also cellar in clear violation of approved plan. The petitioner made representations to respondent Nos.1, 3 and 4 on 19.11.2014 and 19.02.2015, however, the respondents have not taken any action on the said representations. As the respondents have not taken action in accordance with G.O.Ms.No.565, dated 04.11.2006, inspite of repeated requests and representations made by the petitioner, present writ petition is filed.

4. Learned Standing Counsel for respondent Nos.1 to 4 would submit that pursuant to the representations made by the petitioner, the respondent Corporation has issued notice dated 16.07.2014 under Section 452 (2) of the Hyderabad Municipal Corporation Act, 1955, against respondent No.5. Challenging the said notice dated 16.07.2014, the respondent No.5 filed OS.No.1023 of 2014 on the file of VII Senior Civil Judge, City Civil Court at Hyderabad, and obtained status quo order. Therefore, further action could not be taken against respondent No.5. He further submits that respondent No.5 had submitted application dated 10.12.2015 vide reference No.2000007971 for regularization of unauthorized construction and the said application is pending with the respondent Corporation for consideration. Learned Standing Counsel also submits that the suit filed by respondent No.5 in OS.No.1023 of 2014 challenging the show cause notice dated 16.07.2014, was decreed on 20.03.2025 by the trial Court, declaring the notice dated 16.07.2014 issued by the respondent Corporation as null and void, and restraining the respondent Corporation from interfering with the construction undertaken by the plaintiff, who is respondent No.5 herein.

5. Learned Counsel for respondent Nos.1 to 4 further submits that as and when the application submitted by respondent No.5 under Building Regularization Scheme (for short ‘BRS’) is disposed of, the respondent-Corporation will take further course of action basing on the outcome of the BRS application of respondent No.5. 6. 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.

7. 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, i.e., Municipal Commissioner in case of Municipal Corp