When a builder applies for regularization of unauthorized construction under a government scheme, statutory authorities must process the application within the prescribed timeframe as per existing judicial directions before initiating or continuing further demolition actions.

COMMON ORDER:

1. W.P.No.467 of 2015 is filed declaring the inaction on the part of respondent Nos.2 to 4 in taking action to remove the illegal and unauthorized constructions being under taken/made by the 5th respondent contrary to the sanctioned/approved building plan at the premises bearing D.No.12-5-7, Vijayapuri, South Lalaguda, Secunderabad, Ranga Reddy District without leaving any setbacks, by causing total blockage of aeration, ventilation and suffocation to the petitioner residential building in-spite of repeated representations of the petitioner, as illegal, arbitrary, unconstitutional and consequently direct the respondent Nos.2 to 4 to take action to remove the aforesaid illegal and unauthorized constructions and to pass such other order.

2. W.P.No.4546 of 2015 is filed declaring the inaction of the respondent Nos.1 to 4 in taking action against the illegal constructions being undertaken by the 5th respondent (husband of the petitioner in W.P.No.467 of 2015) despite a complaint having been made by the Petitioner on 23.04.2014, as illegal arbitrary and unconstitutional, apart from being in violation of the Provisions of the Greater Hyderabad Municipal Corporation Act, 1955 and consequently direct the Respondent Nos.1 to 4 to take action under the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 on the representations of the Petitioners dated 23.04.2014 and the subsequent reminders against the illegal constructions being taken up by the 5th Respondent, by demolishing the illegal structures so constructed and also direct the Respondent Nos.1 and 2 to take action against all the officers of the 2nd Respondent concerned who have not taken steps to prevent the 5th Respondent from illegally constructing building at D.No.12-5-7, Bathukamma Kunta, Vijayapuri, Tarnaka, Secunderabad, and pass such other orders as may be deemed fit and proper in the circumstances of the case and in the interest of justice.

3. Though both the Writ Petitions are filed by different writ petitioners, however, the subject property in these writ petitions is one and the same, and the dispute is also with regard to the un-authorized/deviated constructions being made by respondent No.5 who are husband and wife referred in the respective writ petitions. In that view of the matter, both the Writ Petitions are taken up analogously and dispose of by way of this common order.

4. The brief assertion made in the affidavit filed in support of W.P.No.4546 of 2015 is that, the petitioner is a permanent resident of House bearing No.12-5-6&6/1, Vijayapuri, Lallaguda, Tarnaka, Secunderabad. It is an ancestral property purchased by his deceased grand-father and they have been living in the said house since many years.

5. The brief assertion made in the affidavit filed in support of W.P.No.467 of 2015 is that, the petitioner is the absolute owner and possessor of G+2 residential House bearing No.12-5-8, Vijayapuri, Lallaguda, Tarnaka, Secunderabad and has been residing therein along with his family members.

6. It is further contended that the abutting property of the petitioners belongs to respondent No.5, who are their neighbours and owners of bearing house No.12-5-7, Vijayapuri, Lallaguda, Tarnaka, Secunderabad, and that the respondent No.5 is the absolute owner and possessor of land to an extent of 282 Sq. meters equivalent to 338 Sq. yards and have obtained sanctioned permit vide Permit No.32770/DC/NZ/