HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Contempt Case No.623 of 2024

ORDER

This contempt case is filed under Sections 10 to 12 of Contempt of Courts Act, 1971 praying to punish the respondents for wilful disobedience of the orders passed by this Court in W.P.No.17196 of 2023 dated 05.07.2023.

2. The operative portion of the related writ petition reads as follows:

“In view of the submission made by learned counsel appearing on either side and without going into the merits of the case, this writ petition is disposed of directing the respondent No.4 to dispose of the petitioner’s representation, dated 13.06.2023 and inspect the said property. If the allegations made by the petitioner in the said complaint is found to be true, the respondent No.4 shall take necessary action, by putting all the concerned parities on notice including respondent No.5 and 6 and after giving a fair opportunity of hearing, shall pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of copy of this order and communicate the same to the concerned parties.”

3. Learned counsel for the petitioner submits that subsequent to the orders passed by this Court, the Deputy Commissioner, Circle 12, GHMC, Hyderabad had called the petitioner and the unofficial respondent No.6 in Writ Petition, who carried out illegal construction, to the respondent’s office on 23.09.2023, accordingly, petitioner along with respondent No.6 were present in the office on the said date, however, respondent No.6 did not provide any justification for carrying out illegal construction but till date the Deputy Commissioner has not taken any action against the illegal construction carried out by the unofficial respondent.

4. In the counter affidavit filed by respondent i.e., the Assistant City Planner, Circle No.12, Mehdipatnam, K.Z., GHMC, Hyderabad, it is submitted that earlier one Mr.Taj Ahmed Khan has made a complaint dated 16.04.2021 against illegal construction in H.No.10-3-299/4, admeasuring 374 sq.yds., at Humayun Nagar, Hyderabad made by respondent No.6 in the writ petition. On the said complaint, respondent officials have inspected the subject property and observed that the unofficial respondents in the writ petition have commenced the fresh construction and erected RCC Columns for construction of stilt floor without obtaining any prior permission from respondent Corporation under Section 428 and 433 of Hyderabad Municipal Corporation Act. Therefore, respondent officials have issued show cause notice dated 29.04.2021 under Section 452(1) and 461(1) of Hyderabad Municipal Corporation Act to respondent No.6. However, no reply was filed, but the construction has been stopped. It is further submitted that the said Taj Ahmed Khan filed the writ petition in W.P.No.16500 of 2021 before this Court and this Court has passed interim orders on 20.07.2021 directing respondent authorities therein to inspect the property and take action, if necessary. Thereafter, respondent No.6 again started illegal construction work in the subject property and respondent officials issued another show cause notice dated 23.11.2021 and a final notice was also issued on 14.03.2022 under Section 636 of Hyderabad Municipal Corporation Act. In compliance of interim order in W.P.No.16500 of 2021, respondents have issued an intimation letter dated 20.01.2022 to the said Taj Ahmed Khan and respondent Nos.6 and 7 in the said W.P.No.16500 of 2021 to attend the hearing along with relevant documents on 22.01.2022. During the hearing, it was noticed that unofficial respondents have applied for building permission with stilt and 4 upper floors vide File No.2/C12/13405/2020 dated 01.10.2020 and the shortfalls have been intimated to the unofficial respondents on 22.04.2021, however, instead of complying with the said shortfalls, unofficial respondents started construction in the stilt + 4 upper floors in the subject property. Accordingly