THE HON’BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.28733 of 2024

ORDER:

This writ petition is filed to declare the inaction of the respondents No.2, 4 and 6 in removing the illegal, unauthorized constructions and stopping the commercial usage of the building in Plot No.770H, Road No.44, Jubilee Hills, Hyderabad, being carried out by the respondent No.5 in blatant violation of the Building Permit Order No.3/C18/17174/2018 dated 01.11.2018, Occupancy Certificate No.1669/GHMC/KHB/2022-OC dated 28.05.2022, despite the petitioner making several representations dated 05.02.2024, 28.03.2024, 08.04.2024 and 06.07.2024, as being arbitrary and violative of Articles 14 and 21 of the Constitution of India and the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) and consequently, direct the respondents No.2, 4 and 6 to remove unauthorized construction made by the respondent No.5 in the subject property.

2. Petitioner is the owner and possessor of land in Plot No.770G, Road No.44, Jubilee Hills, Hyderabad and the respondent No.5 is the owner of adjacent plot bearing Plot No.770H. The respondent No.5 obtained building permission for construction of Cellar + Stilt + 3 Upper Floors and commenced construction. After completion of construction, the GHMC issued Occupancy Certificate dated 28.05.2022 in favour of the respondent No.5 stating that the residential building consisting of Cellar + Stilt +

3 Upper Floors was fit for occupation.

3. It is the case of the petitioner that after issuance of Occupancy Certificate, the respondent No.5 in a brazen and unlawful manner, further continued the construction activity by constructing additional three floors to the existing structure and changed the nature of usage from residential to commercial purpose. The respondent No.5 has constructed seven storied commercial building endangering the safety of surrounding neighbours including the petitioner. The petitioner lodged a complaint with the respondent No.2 vide letter dated 05.02.2024 and the same was acknowledged vide letter bearing No.725378/2024/CINWRD2(HO) dated 06.02.2024. However, no action was initiated.

4. It is submitted that the petitioner approached the Jubilee Hills Cooperative Society to intervene in the unlawful construction activity undertaken by the respondent No.5. The Society conducted an inspection and found the construction activity of the respondent No.5 unlawful and beyond the permitted norms. Subsequently, the Society requested the respondents No.2 and 4 to take appropriate action vide letter dated 28.03.2024. However, no action was initiated.

5. It is submitted that due to inaction of the respondent No.2, despite several representations, the petitioner was constrained to approach the respondent No.3 vide letter dated 08.06.2024. Based on the said complaint, the respondent No.3 issued notice bearing No.10222/DIR/EVDM/E/GHMC/2024 dated 10.06.2024 under Section 635 of the Act to the respondent No.5. Thereafter, the respondent No.3 issued show cause notice dated 15.06.2024 under Sections 452(1) and 461(1) of the Act to the respondent No.5 pointing out deviations, such as, (i) using the building for commercial purpose as against residential permission; (ii) unauthorized construction of three additional floors; (iii) deviation of 11 meters in height, (iv) unauthorized construction of lift etc. The respondent No.3 granted seven days time to the respondent No.5 to submit his reply or else action would be taken under Sections 636, 596, 461(4) and 461-A of the Act. However, as no action was taken by the respondent No.3 after expiry of stipulated time, the petitioner addressed a reminder letter dated 06.07.2024 bringing to the notice of the respondent No.3 that part of the building was let out to a PET Hospital in residential area.

6. It is further submitted that the respondent No.5 has leased out the subject premises to commercial entities such multi-specialty multi-bedded pet hospital, Health Ce