Authorities must expeditiously process and decide upon pending applications for regularization of unauthorized constructions before taking demolition action, in accordance with statutory rules and Supreme Court guidelines.

ORDER

This Writ Petition is filed seeking the following substantive relief:

“… to issue an order or direction more particularly one in the nature of writ of Mandamus declaring the action of respondents 2 and 3 in threatening to demolish the petitioners house property bearing H.No.1-6-54 and 55 admeasuring 62.32 sq yards, situated TS.No.2, Block-E, Ward No.69 of Musheerabad, Hyderabad, without issuing any notice and without considering the petitioner’ BRS application pending since 2015, as illegal, arbitrary and against the principles of natural justice and contrary to the rules thereunder and also Violative of Articles 14, 19, 21 and 300A of Constitution of India and consequently, to direct the respondents not to demolish the petitioners house property without following due process of law.”

No representation on behalf of petitioner.

Sri G.Madhusudhan Reddy, learned Standing Counsel for respondent Nos.2 and 3 is present.

It is the case of the petitioner that she is owner and possessor of house property bearing H.No.1-6-54 & 55, admeasuring 62.32 square yards, situated TS.No.2, Block-E, Ward No.69 of Musheerabad, Hyderabad, having acquired the same under registered Gift deed bearing document No.137/2011, dated 19.01.2011; that her name was mutated in property tax Register and she has been paying taxes regularly; that Joint Collector has also issued letter dated 24.06.2008 recognizing her ownership over the said property; that she has filed an application for regularization of the existing structures vide application No.2000011386, dated 14.12.2015 in terms of GO.Ms.No.152 , MA, dated 02.11.2015 and the same is pending consideration

Learned Standing Counsel for respondents-GHMC further submitted that the State Government has issued GO.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. Learned Standing Counsel further submitted that since the petitioner had submitted application dated 14.12.2015, appropriate directions be given to respondents to consider the said application as per GO.Ms.No.152 , dated 02.11.2015.

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.

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 month