HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.13843 of 2011

ORDER

The petitioner is aggrieved by the action of the respondent seeking demolition of the building over the plot admeasuring 251 Sq.Yds in Sy.Nos.176/2 and 176/3, situated at Ratna Cooperative Society, Thokatta Village, Secunderabad Cantonment (subject property) pursuant to the proceedings in Lr.No. SCB/EB/OP/Sy.No.176/2 and 176/3/Tawaipura dated 25.04.2011 under the provisions of the Cantonments Act, 2006.

2. The petitioner claims to be owner and possessor of subject property from M/s.Orient Agencies vide Agreement of Sale cum GPA dated 15.04.2008 registered as Doc.No.524/2008 in the office of Sub-Registrar, Bowenpally, Secunderabad. The petitioner approached respondent authority for construction of building in the subject land, however, the respondent Board refused to receive the application of the petitioner stating that the said layout is not an approved layout and therefore prohibited from granting sanction for construction of building. Thereafter, in order to protect the land from encroachments, petitioner started construction of a residential house over the said land with due intimation to the respondent officials and completed construction of G+2 floors in accordance to the rules prescribed in the year 2010. After completion of the construction, petitioner has given the said premises on lease basis.

3. It is the further case of petitioner that respondent authorities had issued demolition notices seeking to demolish the subject building without following due process of law. Accordingly, petitioner filed O.S.No.230 of 2011 on the file of III Sr.Civil Judge, CCC, Secunderabad which was subsequently dismissed. Thereafter, petitioner filed an appeal before the Appellate Authority, however, respondent authorities were attempting to demolish the subject property. Questioning the same, the present writ petition is filed.

4. This Court on 30.04.2011, has granted an interim direction in W.P.M.P.No.16770 of 2011. Subsequently, a counter affidavit has been filed by the respondent Board denying the allegations made by petitioner. It is submitted that the petitioner had preferred an appeal under Section 340 of Cantonment Act, 2006 before the appellate authority. The Appellate Authority has granted an order of status quo on 15.11.2014. Learned standing counsel appearing on behalf of Cantonment Board would submit that the respondent authority may be directed to dispose of the said appeal filed by the petitioner.

5. Having considered the facts and circumstances of the case, this Court is of the view that since the appeal is pending before the Appellate Authority, this writ petition is disposed of with a direction to respondent authority to dispose of the pending appeal filed by the petitioner as expeditiously as possible, preferably, within a period of four (4) months from the date of receipt of a copy of this order.

6. This writ petition is disposed of, accordingly. There shall be no order as to costs.

Miscellaneous Petitions, if any pending, shall stand dismissed.

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N.V.SHRAVAN KUMAR, J

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