A writ petition challenging building construction is liable to be dismissed if the municipal authority's inspection confirms adherence to the sanctioned plan and prescribed setbacks, and the petitioner fails to provide evidence of deviations.

ORDER:

This writ petition is filed to declare the action of the respondent Nos.2 to 4 herein in not considering the petitioner’s representation dated 27.11.2018 and in not initiating appropriate action against the 5th respondent herein as per the provisions of the GHMC Act , as illegal and arbitrary and for consequential relief.

2. Heard Sri Atikam Srinivas Goud, learned counsel for the petitioner, Sri Srinivas Rao Pachwa, learned Standing counsel for respondent Nos.2 to 4 and Ms. T. Shailaja, learned counsel for respondent No.5.

3. Learned counsel for the petitioner would submit that petitioner is the absolute owner and possessor of house bearing No.11-3-57, situated near Rammandir, Saroornagar, Hyderabad (hereinafter referred to as “subject property”), having acquired the same by way of inheritance and petitioner’s name is also mutated in the revenue records; that respondent No.5 who is petitioner’s neighbor had obtained building permission for construction of house bearing No.11-3-29, which is behind ram mandir vide permit No.3/CS/12322/2018, dated 25.07.2018, and proceeded with the construction without leaving minimum setbacks, contrary to G.O.Ms.No.168 M.A. & U.D., dated 07.04.2012; that petitioner submitted representation dated 27.11.2018, to respondent Nos.2 to 4 against the illegal construction being made by respondent No.5, but no action has been taken; that petitioner’s son submitted another representation dated 22.12.2015 against respondent No.5. However, respondents have not taken any action. Aggrieved by the same present writ petition is filed.

4. Counter has been filed on behalf of respondent Nos.2 to 4/GHMC stating that respondent No.5 has obtained permission for construction of G+2 Upper Floors vide permit No.3/C5/17650/2018, dated 15.11.2018, and proceeded with the construction; that pursuant to representation submitted by the petitioner, respondent officials have inspected the construction being raised by respondent No.5 and found that there are no deviations; that the construction is being made by respondent No.5 in an area of 197.31 square meters. As per G.O.Ms.No.168 M.A. & U.D., dated 07.04.2012, the minimum setbacks to be maintained for a site admeasuring between 100 to 200 square meters is 1.5 meters in front and in rear and 1.0 meter on remaining sides. In the present case, the respondent No.5 has made construction by leaving minimum setbacks as per G.O.Ms.No.168 M.A. & U.D., dated 07.04.2012. Therefore, no action has been taken against respondent No.5.

5. Counter has been filed on behalf of respondent No.5 stating that respondent No.5 is the owner of plot admeasuring 236 square yards, having acquired the same under registered Gift Deed No.3562 of 2018, dated 30.06.2018; that he has applied and obtained permission for construction of stilt+2 upper floors vide permit No.3/C5/20159/2018, dated 22.10.2018, and proceeded with the construction strictly in accordance with the approved plan without any deviations by leaving minimum setbacks as per G.O.Ms.No.168 M.A. & U.D., dated 07.04.2012; that the writ petition is devoid of any merit and finally, prayed to dismiss the writ petition.

6. From the material placed on record, it is evident that respondent No.5 has obtained permission for construction of G+ 2 upper floors and on the inspection conducted by respondent officials, it is found that there are no deviations from the sanctioned plan and construction has been made by leaving minimum setbacks in terms of G.O.Ms.No.168 M.A. & U.D., dated 07.04.2012. The petitioner not placed any material/proof in support of his contention nor filed reply to the Counter filed by the res