HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION Nos.19501 OF 2009 AND 8913 OF 2015

COMMON ORDER

Heard Mr. Botla Venkateswar Rao, learned counsel representing Mr. M.V. Durga Prasad, learned counsel for the petitioner in W.P. No.19501 of 2009 and respondent No.4 in W.P. No.8913 of 2015; Mr. Raparthi Venkatesh, learned Standing Counsel for GHMC, Mr. K.G. Krishna Murthy, learned Senior Counsel representing Mrs. K. Kiran Mayee, learned counsel for respondent Nos.3 and 4 in W.P. No.19501 of 2009 and the petitioner in W.P. No.8913 of 2015, Mr. V. Rohith, learned counsel for respondent No.5 in both the writ petitions and Mr. R. Vinod Reddy, learned Standing Counsel for TS Transco appearing on behalf of respondent No.6 in W.P. No.19501 of 2009.

2. Lis involved in both the writ petitions is common and, therefore, both the matters were heard together and are being disposed of by way of this common order.

3. M/s. Classic Residency Owners Welfare Association (for short ‘M/s. CROW Association’) is the petitioner in W.P. No.19501 of 2009 and respondent No.4 in W.P. No.8913 of 2015, whereas Greater Hyderabad Municipal Corporation (GHMC) is arrayed in both the writ petitions and respondent No.3 in W.P. No.19501 of 2009 is the writ petitioner in W.P. No.8913 of 2015 while M/s. Paramount Builders (for short ‘Builder’) is respondent No.5 in both writ petitions. T.S. Transco is arrayed as respondent No.6 in W.P. No.19501 of 2009, but not made in W.P. No.8913 of 2015. Therefore, to avoid confusion, the parties are hereinafter referred to as they are arrayed in W.P. No.19501 of 2009.

4. M/s. CROW Association filed W.P. No.19501 of 2009 to declare the inaction of GHMC on the complaint dated 06.07.2009 filed by it against illegal and unauthorized constructions made by the Builder as illegal and also sought for a consequential direction to the GHMC not to regularize the unauthorized and illegal construction made over and above the 5^th floor, whereas, respondent No.3 (purchaser) filed W.P. No.8913 of 2015 to declare the notice dated 23.03.2015 issued by the GHMC, as illegal.

W.P. No.19501 OF 2009

5. It is the specific contention of M/s. CROW Association that respondent No.5 is the builder of the subject property i.e., 1133 square yards in Survey Nos.35 and 36 (Part), situated at Upparpally Village, Rajendranagar Mandal, Rangareddy District and Mr.Ahmed Pasha Quadri is the absolute owner and possessor of the said property. He and others have obtained permission vide Lr.No.12268/P4/H/04, dated 25.04.2005 from HUDA for construction of Stilt + 5 Upper Floors. The said Ahmed Pasha Quadri and others entered into Development Agreement with respondent No.5 builder for construction over the subject property. Respondent No.5 contended that it has obtained permission for construction of apartment from the then Rajendranagar Municipality vide proceedings No.24/NCR/438/2005-06, dated 20.05.2005. The same is valid for only three (03) years i.e., 19.05.2008. It has constructed the building and members of M/s. CROW Association purchased the same.

6. Subsequent to the sale and handing over possession of the subject property to the members of M/s. CROW Association, respondent No.5 builder made construction over and above the 5^th floor i.e., on the terrace and sold them to respondent Nos.3 and 4. The said construction over and above the 5^th floor is contrary to the permission obtained by respondent No.5 builder and owners of the property from the then Rajendranagar Municipality and HUDA. It is an unauthorized construction.

7. It is also the specific contention of M/s. CROW Association on account of construction made by respondent No.5 builder over and above the 5^th floor, height of the apartment has crossed above 18 meters, thereby attracting the provisions of the Andhra Pradesh Fire Services Act, 1999. Thus, the said construction over and above the 5^th floor is illegal and sale of flats in favour of respondent No.3 is also illegal. Respondent No.4 is the brother of respondent N