THE HON’BLE SRI JUSTICE K. LAKSHMAN

COMMON ORDER:

Heard Mr. Dunna Ambedkar, learned counsel appearing for petitioners 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.2014 of 2022 and respondent Nos.3 to 5 in W.P.No.2223 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.2223 of 2025.

2. Commissioner, GHMC, has received complaint dated 20.10.2021 from one J. Sri Ram alleging that petitioners 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”. They have made construction of house bearing No.16-84 by encroaching into the road. Therefore, permission obtained by petitioners and construction made by them 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 petitioners to submit explanation. They have submitted explanation on 08.11.2021. Thereafter, vide order dated 24.12.2021, Commissioner, GHMC, revoked the building permission obtained by petitioners. Challenging the said revocation order dated 24.12.2021, W.P.No.2014 of 2022 has been filed.

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

5. While the matter stood thus, Commissioner, HYDRAA, has received complaint dated 02.09.2024 from Mirjalguda Welfare Association, Malkajgiri, stating that petitioners 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 petitioners 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 petitioners. 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, Writ Petition No.2223 of 2025 has been filed.

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 petitioners and take action, if any, against petitioners strictly in accordance with law and by putting petitioners 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 petitioners pursuant to notice dated 02.01.2025, and take action, if any, against petitioners by following procedure laid down under the law and by putting petitioners 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, s