A show cause notice for the demolition of a dilapidated building allows the owner to submit a structural stability certificate and a detailed explanation, which the municipal authority must consider before taking further action in accordance with the law.

ORDER:

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

“…to issue a Writ, Order or Direction more particularly one in the nature of “Writ of Mandamus” by declaring the action of the Respondents more particularly the Respondent Nos.3 & 4 including their Officials trying to demolish the Writ Petitioner premises bearing Municipal No.5-3-329 & 330 admeasuring 550 Square Yards at Karbala Maidan, situated at Ranigunj, M.G Road, Hyderabad in pursuance of the Notice dated 11.08.2016 vide No.329/TPS/DILP/C-18/GHMC/16 by ignoring the request of the Writ Petitioner in his Reply Notice dated 16.08.2016 without following any due process of law by declaring their action as arbitrary, ex-facie illegal, highhanded, discriminatory and contrary to law and also violation of Article 14 and 300-A of Constitution of India and consequently may direct the Respondents more particularly the Respondent Nos.3 and 4 including their officials in any manner from not to demolish and also not to interfere in the Writ Petitioner premises bearing Municipal No.5-3-329 & 330 admeasuring 550 Square Yards at Karbala Maidan, situated at Ranigunj, M.G. Road, Hyderabad, in the interest of justice and may pass such other order or orders…”

2. Heard Mr. Nazir Ahmed Khan, learned counsel for the petitioner and Mr. G. Madhusudhan Reddy, learned Standing Counsel for GHMC, for respondent Nos.2 to 4. Perused the record.

3. Learned counsel for the petitioner submits that the petitioner is the owner and possessor of House bearing No.5-3-329 situated at Karbala Maidan, Ranigunj, M.G Road, Hyderabad and that at the behest of some vested interested persons, the impugned notice was issued, alleging that the building is in a dilapidated condition.

4. Learned counsel would further contend that though the notice was issued as early as on 11.08.2016, no untoward incident has occurred and the structure continues to remain intact as of date, which, according to him, indicates that the building is structurally sound.

5. On the other hand, learned Standing Counsel for respondent Nos.2 to 4 submits that the impugned notice issued under Section 459 of the GHMC Act, 1955 is only a show cause notice and that the authorities would take further recourse strictly in accordance with law.

6. Having regard to the above, this Court is of the view that since the impugned notice is only a show cause notice, the petitioner can avail the opportunity by submitting a detailed explanation along with a structural stability certificate issued by a competent authority, in support of his stand that building is structurally sound and good for habitation.

7. Accordingly, the Writ Petition is disposed of, granting liberty to the petitioner to submit explanation afresh, along with a structural stability certificate from a competent authority within a period of two (02) weeks from the date of receipt of a copy of this order. Upon receipt of such explanation, respondent No.3 shall consider the same along with the material placed on record, and pass appropriate orders strictly in accordance with the procedure contemplated under the GHMC Act, 1955 , after affording an opportunity of hearing to the petitioner. There shall be no order as to costs.

8. As a sequel, miscellaneous petitions, if any pending, shall stand closed.