THE HON’BLE SRI JUSTICE K. LAKSHMAN

COMMON ORDER:

Heard Mr. Dunna Ambedkar, learned counsel appearing for petitioner and Sri G. Madhusudhan Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) appearing for respondent Nos.2 to 4 in W.P.No.2015 of 2022 and respondent Nos.3 to 5 in W.P.No.2224 of 2025 and Sri Katika Ravinder Reddy, learned Standing Counsel for Hyderabad Disaster Response and Asset Protection Agency (HYDRAA) appearing for respondent No.2 in W.P.No.2224 of 2025.

2. Commissioner, GHMC, has received complaint dated 20.10.2021 from one J. Sri Ram alleging that petitioner obtained building permission against the proposed Master Plan of 66’.0” (20 meters) by considering as 30’.0” road without deducting road affected area for the proposed 60’.0” road. Petitioner has made construction of house bearing No.16-84 by encroaching into the road. Therefore, permission obtained by petitioner and construction made by him are in violation of the building rules and also Master Plan.

3. On receipt of the said complaint, Commissioner, GHMC, has issued show cause notice dated 03.11.2021 directing petitioner to submit explanation. He has submitted explanation on 08.11.2021. Thereafter, vide order dated 24.12.2021, Commissioner, GHMC, revoked the building permission obtained by petitioner. Challenging the said revocation order dated 24.12.2021, petitioner filed W.P.No.2015 of 2022.

4. Vide order dated 12.01.2022, this Court while directing the matter to be listed on 28.01.2022, directed respondents not to demolish the subject property constructed by petitioner.

5. While the matter stood thus, Commissioner, HYDRAA, has received complaint dated 02.09.2024 from Mirjalguda Welfare Association, Malkajgiri, stating that petitioner made construction by occupying the road. The same is in violation of the order dated 16.12.2021 passed by the Division Bench of this Court in Writ Petition (PIL) No.60 of 2021.

6. On receipt of the said complaint, Deputy City Planner, HYDRAA, has issued notice dated 02.01.2025 requesting petitioner to submit copies of following documents.

i. Copy of Sanctioned Plan & its Proceedings ii. Copy of Registered Documents of property.

iii. Copy of Link Documents.

iv. Copy of Layout plan.

v. Details of Court cases (if any).

vi. Development Agreement vii. Society Resolution viii. Other documents related Three days time was granted to petitioner. He had submitted explanation dated 06.01.2025 along with copies of the said documents. Without considering the said explanation, respondents tried to demolish the subject property. They have also made markings. Challenging the said action of the respondents, petitioner filed Writ Petition No.2224 of 2025.

7. Sri Katika Ravinder Reddy, learned Standing Counsel for HYDRAA, on instructions, would submit that Deputy City Planner, HYDRAA, will consider explanation dated 06.01.2025 along with copies of documents submitted by petitioner and take action, if any, against petitioner strictly in accordance with law and by putting petitioner and complainant on notice and affording them an opportunity of hearing.

8. In the light of said submissions and also subsequent developments, revocation order dated 24.12.2021 passed by Commissioner, GHMC, is set aside, and both the Writ Petitions are disposed of with direction to Deputy City Planner, HYDRAA, to consider the explanation dated 06.01.2025 along with copies of the documents submitted by petitioner pursuant to notice dated 02.01.2025, and take action, if any, against petitioner by following procedure laid down under the law and by putting petitioner and complainant on notice and affording them an opportunity of hearing. He shall complete the said exercise within a period of six (6) weeks from the date of receipt of copy of this order. Till then, the authorities of HYDRAA shall not proceed further pursuant to notice dated 02.01.2025. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand clo