The court directed municipal authorities to conclude proceedings regarding illegal construction within a specified timeframe, following the issuance of a notice under the GHMC Act, ensuring due process and a hearing for affected parties.

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:-

“…to issue an order or orders direction or directions writ or writs more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.2 to 4 in not taking any action on the illegal construction being undertaken by the respondent No.5 herein in the House No.1-10-27/34/4/1/G, Prakash Nagar, Begumpet, Secunderabad and not considering the representation dated 09.09.2015 made by the petitioners is illegal, arbitrary and contrary to the provisions of the Hyderabad Municipal Corporation Act and issue a consequential direction directing the respondents No.2 to 4 to take immediate action for removal of the illegal construction being undertaken by the respondent No.5 in the said house and to pass such other order or orders…”

2. Heard Mr. P. Lakshma Reddy, learned counsel for the petitioners, learned Government Pleader for Municipal Administration, for respondent No.1 and Mr. G. Madhusudhan Reddy, learned Standing Counsel for GHMC, for respondent Nos.2 to 4. Perused the record.

3. When the matter is taken up for hearing, learned counsel for the petitioners submits that, despite submission of a specific representation to the respondent authorities seeking action against the alleged illegal construction undertaken by respondent No.5 in respect of House bearing No.1-10-27/34/4/1/G, Prakash Nagar, Begumpet, Secunderabad, no steps have been taken so far.

4. Learned Standing Counsel appearing for respondent Nos.2 to 4, on instructions, submits that a notice under Section 452(1) of the GHMC Act, 1955 was already issued on 06.11.2021 directing the unofficial respondent to stop the construction and to submit his explanation. He would further submit that the respondent authorities will take further action pursuant to the said notice by following the due procedure contemplated under Section 452(1) of the GHMC Act, 1955 .

5. In view of the above submissions, the Writ Petition is disposed of, directing respondent Nos.2 to 4 to take further recourse pursuant to the notice dated 06.11.2021 issued under Section 452(1) of the GHMC Act, 1955 and conclude the proceedings, strictly in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to all affected parties. No costs.

Miscellaneous petitions, if any are pending, shall stand closed.