THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

ORDER:

This writ petition is filed seeking following relief to declare the action of the respondents in issuing notice dated 25.06.2014, under Section 452 (1) ad 461 (1) of GHMC Act, 1955 as illegal, arbitrary and in violation of provisions of Constitution of India and for consequential relief.

2. Sri V.Hari Haran, learned senior counsel for the petitioner, and Sri G.Madhusudhan Reddy, learned Assistant Government Pleader for Revenue for respondent Nos.1 and 2 are present.

3. Learned counsel for the petitioner submitted that the petitioner is the absolute owner and possessor of Plot No.6, part 7 and 8, total admeasuring 400 square yards equivalent to 334.4 square meters in Survey No.115/1, situated at R.P. Dubey Colony, Serilingampally Village and Mandal, Ranga Reddy District (hereinafter referred to as “subject plot”); by virtue of gift settlement No.10327/2006 dated 03.04.2006; that petitioner applied for construction and the same was approved by the respondent No.2 vide permit No.G/169/BP/5821/2008 dated 09.12.2009 for stilt plus three upper floors. He further submitted that petitioner completed the construction and the respondents inspected the building and issued Occupancy Certificate dated 01.12.2012. Subsequently, the petitioner constructed 4^th floor and the petitioner made an application vide reference No.2000062366 dated 31.12.2015 for regularization of unauthorized construction made in deviation of approved plan in terms of G.O.Ms.No.152, dated 02.11.2015 and the same is pending consideration with respondents. Therefore, learned counsel for the petitioner prayed that appropriate directions may be given to respondents to consider the application of the petitioners as per G.O.Ms.No.152.

4. Learned Standing Counsel for GHMC submitted that the State Government has issued G.O.Ms.No.152, dated 02.11.2015 for regularization of unauthorized constructions made in deviation of sanctioned plan and the said GO was challenged in WP (PIL) No.63 of 2016, wherein a Division Bench of this Court vide interim order dated 18.10.2016 directed GHMC/ respective Municipal Corporations to decide the applications for regularization and if the applications for regularization are rejected, to take further action for demolition of illegal structures in accordance with law. He further submitted that insofar as applications where the GHMC or the other Municipal Corporations, tentatively decide to regularize the illegal structures, such a decision shall merely be recorded in the file, and shall neither be given effect to nor shall it be communicated to the applicants, pending further orders from this Court.

5. 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 G.O.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.

6. 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. However, in the instant case, even after lapse of ten years, the application is still pending and no action has been taken by