Afzal Hussain Education Charity Trust v. The State Of Telangana Rep. By Its Principal Secretary,

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA WRIT PETITION No.5130, 5295, 5536, 5592, 6107, 6272, 6280, 6283, 6290, 6301, 6302, 6383, 6441, 6498, 6581, 6591, 6633, 7531, 7617, 7862, 7946, 8049, 8722, 8900, 8901, 9744, 12020, 17192 & 18280 of 2016 COMMON ORDER: (Per the Hon'ble The Acting Chief Justice Ramesh Ranganathan) In all these writ petitions, persons who have raised illegal structures, and who claim to have submitted applications for regularisation in terms of G.O.Ms.No.152 dated 02.11.

2015, have invoked the jurisdiction of this Court seeking a mandamus to restrain the concerned Municipal Corporations from demolishing the structures raised by them, as their applications, for regularisation of the illegal constructions, are still pending consideration before the competent authorities. While, in some cases, the writ petitions have been filed on mere apprehension, in a few others, notices have been issued to the petitioners, under Section 452 (1) of the GHMC Act, asking them to show cause why action should not be taken for demolition of the illegal structures raised by them earlier. As we have modified the interim order passed earlier, in W.P.(PIL) No.63 of 2016 dated 20.06.2016, today i.e., 18.10.

2016, we consider it appropriate to dispose of all these writ petitions, in terms of the said order, directing the concerned Municipal Corporations not to take coercive steps, for demolition of the illegal structures raised by the petitioners herein, provided applications, seeking regularisation under G.O.Ms.No.152 dated 02.11.2015, were submitted by them before the cut-off date specified in the said G.O or the extended cut-off date till 01.03.2016.

In case the petitioners have submitted applications for regularisation on or before 01.03.2016, the respondent Municipal Corporation shall not take coercive steps to demolish the illegal structures raised by them till orders are passed on their applications for regularisation, and the said orders are communicated to them. It is open to the Municipal Corporations, in such of those cases where the applications for regularisation are rejected, to initiate action for demolishing the subject structures in accordance with the provisions of the GHMC Act, and the Rules and bylaws made thereunder. It is made clear that, in such of those cases where applications, seeking regularisation, have not been submitted before 01.03.2016, it is open to the Municipal Corporations concerned to take action, for demolition of the illegal structures, in accordance with law.

All these writ petitions are disposed of accordingly. The miscellaneous petitions pending, if any, shall also stand dismissed. There shall be no order as to costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) _____________________________ (A.SHANKAR NARAYANA, J) Date: 18.10.2016 v v