THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.10380 of 2019

ORDER:

This writ petition is filed declaring the action of respondent No.2 in issuing the impugned show cause notice in Proc.No.141/TPS/C18/GHMC/2019, dated 17.04.2019 and Proc.No.141/TPS/C108/GHMC/2019 dated 10.07.2018 as illegal, contrary to G.O.Ms.No.152, Municipal Administration and Urban Development (M1) Dept., dated 02.11.2015 and to direct the respondents to consider and pass orders on the BRS application No.2000115510, dated

19.02.2016.

2. Heard Sri Ms.Janaki, learned counsel representing Sri R.Anurag, learned counsel for the petitioner and Sri Midde Arun Kumar, learned Standing Counsel for GHMC, appearing for respondent No.1.

3. The case of the petitioner is that he purchased a residential flat in the 4^th floor of Akhila Residency admeasuring 274.44 Sq.Ft.(including the common areas) together with undivided share in land measuring 09 Sq.yards out of 300 Sq.yards in the premises bearing Municipal No.8-3-833/141, (New House No.8-2-293/k/141), Plot No.144 in Sy.No.103 (Old) and Sy.No.126(New), Kamalapuri Colony, Hyderabad, ( for short ‘subject property’) from M/s. Shivakula Builders vide registered sale deed dated 10.03.2016. The land originally belongs to one Smt.Siddique Sultana, who entered into a registered Development Agreement-cum-GPA Holder with M/s. Shivakula Builders and after obtaining permission and approved plans from the Municipal authorities, a residential apartment consisting of stilt + three floors was constructed in the year 1999. The vendor of the petitioner made an application under Building Regularization Scheme in terms of G.O.Ms.No.152 MA & UD (M1) Dept. dated 02.11.2015 for regularization of the residential flat constructed on the 4th floor of the building of an extent of 274.4 sq.ft vide application No.2000115510, dated 17.02.2016 and the requisite fee of Rs.10,000/- was paid by way of D.D.No.64314 drawn on SBI, Madhapur Branch and complied with all necessary formalities and the same was duly acknowledged by the respondent authorities and the same is pending for consideration.

4. On 10.07.2018, the staff of respondent No.2 have affixed a show cause notice dated 10.07.2018 under Section 428 and 433 of HMC Act, 1955 stating that illegal construction has been made in the cellar and pent house in violation of G.O.Ms.No.168 MA & UD Dept. dated 07.04.2012 and to show cause why action should not be initiated under Section 452(1) and 461(1) r/w. 441 and 443, HMC Act, 1955. The petitioner gave a reply on 17.07.2018 duly bringing to the notice of the respondents that there are no additions or modifications to the existing original construction from the year 1999 and that the BRS application is pending with the respondent and thereafter respondent No.2 did not take any steps. Another show cause notice was issued on 17.04.2019 by respondent No.2 and on 20.04.2019, the petitioner gave a reply to the show cause notice. Respondent No.2 without considering his reply has came to the apartment complex on 02.05.2019 at about 11:30 AM along with the staff and demolished the room in the cellar area inspite of the protests made by the residents of the apartment complex. Respondent No.2 along with the staff came on 06.05.2019 to demolish his residential flat.

Aggrieved by the same, present writ petition is filed.

5. Learned Standing Counsel for respondent No.2 on written instructions would submit that vendor of the petitioner has submitted an application No. application No.2000115510, for regularization of unauthorised building consisting of Ground plus three upper floors under BRS scheme in terms of G.O.Ms.No.152, MA&UD (M1), dated 17.02.2016; and that the said application is pending consideration. He further submit that as BRS application of the vendor of the petitioner is pending, the 2^nd respondent did not take further action, however, as and when the BRS application is processed and disposed, the 2^nd respondent will initiate further action