Municipal authorities must strictly adhere to statutory procedures and consider any pending regularization applications under the GHMC Act before taking coercive demolition steps to ensure the principles of natural justice are upheld.

ORDER

The present Writ Petition is filed seeking the following relief:

“…to issue writ order or direction especially one in the Nature of Writ of Mandamus declaring the demolition notice issued vide proceedings No.UO/319/TRS/C3/E2/GHMC/2015 dt.22-06-2015 issued U/s.452 (2) of Greater Hyderabad Municipal Corporation Act, 1955 issued by the 3rd respondent is illegal, arbitrary, violative of principles of natural justice and contrary to sub section (a) of Section 452 of GHMC Act and also violative of Article 21 of the Constitution of India and consequently set aside the same and pass such other order or orders as this Court deems fit and proper in the interest of justice…”

2. Heard Mr.Ch.Ravinder, learned counsel for the petitioner as well as Mr.Srinivasa Rao Pachwa, learned Standing Counsel for Greater Hyderabad Municipal Corporation representing respondent Nos.2 and 3. Perused the record.

3. The brief facts of the case are that the petitioner is a widow and a bona fide purchaser of a small residential house, which is her only shelter, and that demolition of the said structure would render her and her minor children homeless, causing irreparable loss and hardship. It is further contended that no show cause notice was served upon the petitioner prior to issuance of the impugned notice, though reference is made to one, and thus the action of the respondents is in violation of Section 452 of the GHMC Act, 1955 (for short ‘the Act’) and the principles of natural justice. It is further submitted that the petitioner has not made any unauthorized construction and, in any event, was not afforded an opportunity to seek regularization under Section 455-A of the Act, and that the respondents are proceeding with undue haste by threatening demolition within 48 hours, leaving the petitioner with no alternative remedy except to approach this Court. Hence, the impugned demolition notice dated 22-06-2015 is liable to be set aside as being illegal, arbitrary, and violative of the principles of natural justice.

4. The learned counsel for the petitioner contends that he has not been able to contact the petitioner despite efforts.

5. Per contra, learned Standing Counsel for the respondent Nos.2 and 3 submits that the subject construction is unauthorized and has been raised without obtaining necessary permission from the competent authority. It is further contended that a show cause notice dated 30-04-2015 was duly issued to the petitioner; however, the same was returned unserved, and thereafter, the impugned demolition notice dated 22-06-2015 has been issued strictly in accordance with the provisions of Section 452(2) of the GHMC Act, 1955, and sufficient opportunity was afforded to the petitioner, and the respondents have followed due procedure as contemplated under the Act and the unauthorized constructions are liable to be proceeded against and the respondents are justified in taking action to remove illegal constructions in the interest of planned development. Hence, prayed that the writ petition is liable to be dismissed as devoid of merits.

6. In the light of the above discussion, in the event the petitioner has made any application under the applicable regularization scheme, the respondent authorities shall first consider the same in accordance with law and till such time shall not take any coercive steps. The authorities shall strictly adhere to the provisions of the GHMC Act and the procedure prescribed therein and take further action.

7. With the above observations and directions, the Writ Petition is disposed of. There shall be no o