THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.42995 of 2015

ORDER:

This writ petition is filed declaring the inaction of respondent Nos.1 to 3 in not considering the petitioner’s representations dated 27.10.2014 and 30.11.2015, as illegal and arbitrary and consequently to direct respondent Nos.1 to 3 to take action against the illegal structure made by respondent Nos.4 and 5.

2. No representation on behalf of petitioner.

3. Heard Sri Srinivas Rao Pachwa, learned Standing Counsel for respondent Nos.1 to 3.

4. The case of the petitioner is that they are the owners of house bearing Municipal No.13-8-89/4, Goutham Nagar, Dilsukhnagar, Hyderabad and have been residing in the said premises since more than four decades. While so, the respondent Nos.4 and 5 who are the owners of land on western side of the petitioner’s premises, raised illegal construction without obtaining any permission from the 1^st respondent. Though, petitioner has complained about the same, respondent Nos.1 to 3 did not take any action to stop the said illegal construction. Therefore, the petitioner raised his grievance in ‘Prajavani’ on 28.10.2013; and that the 1^st respondent closed petitioner’s grievance stating that civil case is pending. Though, the petitioner submitted another representation dated 30.11.2015, respondent Nos.1 to 3 did not take any action on the said representation. Aggrieved by the same, present writ petition is filed.

5. Learned Standing Counsel for respondent Nos. 1 to 3 placed on record written instructions as per which the respondent Nos.4 and 5 have obtained permission for construction of ground + 1 upper floor vide Permit No.572/1993, dated 20.07.1993. However, they have constructed a building consisting of ground + 5 upper floors and have submitted application for regularization of unauthorized construction under G.O.Ms.No.152, dated

02.11.2015 vide file No.2000042988, dated 28.12.2015.

6. He further submits that once the BRS application of respondent Nos.4 and 5 is disposed of, the respondent Corporation will take further course of action basing on the outcome of the BRS application of respondent Nos.4 and 5.

7. 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.

8. 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 Corporations, Metropolitan Commissioner in case of HMDA, shall, on scrutiny of applications and inspection of sites, either approve or reject the applications and communicate the same to the applicant(s) concerned as early as possible, but not beyond six months from the date of receipt of applications.

9. The Regularization Rules were notified on 02.11.2015, as per which, applications for regularization were to be filed within 60 days from the said notified date and the same were supposed to be processed within a period of six months from the last date of receipt of applications

10. The regularization scheme under GO.Ms.No.152, dated 02.11.2015 was challenged in WP (PIL).No.63 of 2016, wherein interim directions were passed by a Division Bench of this Court on 18.10.2016 as under:-

“We consider it appropriate, in such circumstances, to modify the earlier order, and direct that the applications for regularization be processed in accordance with the regularization scheme notified in G.O.Ms.No.152 dated 02.11.2015. In case the GHMC or the other Municipal Corporations in the