THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.8695 of 2015

ORDER:

This writ petition is filed declaring the action of respondents

1 and 2 in not considering the representation of the petitioner dated 16.02.2015 by stopping the illegal construction of 3^rd respondent at H.No.15-7-407 to 411 and 15-7-428 and 29, Begum Bazar, Hyderabad, as illegal, arbitray and in violation of Article 14 and 300 of the Constitution of India.

2. Heard Sri G.Madhusudhan Reddy, learned Standing Counsel for respondents 1 and 2 (GHMC). No representation on behalf of the petitioner.

3. The case of the petitioner is that he is the owner of premises bearing Municipal H.No.14-10-225, Lower Doolpet, Hyderabad and respondent No.3 is the owner of premises bearing Municipal H.No.15-7-407 to 411 and 15-7-428 and 29, Begum Bazar, Hyderabad (for short ‘the subject property’); that 3^rd respondent commenced construction by demolishing the old structures and contrary to the sanction plan, therefore, the petitioner gave oral complaint in the month of August, 2014, however, respondents Nos.1 and 2 did not take any action. Therefore, the petitioner made representation dated 16.02.2015, however, respondents 1 and 2 did not take any action on the illegal construction raised by the 3rd respondent consisting of cellar and upper 4 floors. It is further case of the petitioner that in the said area permission is being given for construction of ground + one upper floor. However, in the present case the respondent No.3 constructed cellar + ground + 4 upper floors. Aggrieved by the inaction of respondents

1 and 2, present writ petition is filed.

4. Respondents 1 and 2 filed counter stating that on inspection of subject premises they noticed a building consisting of cellar + Ground + six upper floors; that respondent No.3 has shown copy of application submitted under Building Regulation Scheme for regularization of the building constructed in deviation of sanction plan along with others vide application Nos.2000023031, 2000023045, 2000023023, 2000023039, 2000023042, 2000023054, 2000023056, 2000023063 as per G.O.Ms.No.152 MA dated 02.11.2015; and that the said applications are pending. He further submits that once the BRS application of respondent No.3 is disposed of, the respondents Corporation will take further course of action basing on the outcome of the BRS application of the 3rd respondent and prayed to dismiss the writ petition.

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 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.

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

7. 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