Harriet Sumalika v. Greater Hyderabad Municipal Corporation

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 9597 OF 2022 Between:

Harriet Sumalika, D/o. Samson Ramakrishnaiah, Aged about 65 years, Occ Household, R/o. H.No.3-6-20412, Himayat Nagar, Hyderabad ...PETITIONER AND Greater Hyderabad Municipal Corporation, Rep by its Commissioner, It4unicipal Complex, Tank Bund Road, Hyderabad. The Deputy Commissioner, Central Zone, Greater Hyderabad Municipal Corporation, Circle No. 16, Hyderabad

3. Assistant City Planner, Circle No.16, Greater Hyderabad Municipal Corporation, Hyderabad

4. J. Sunanda Solomon, W/o. Sri Jella Solomon Raj, R/o. H.No.3-6-20414, Himayat Nagar, Hyderabad ...RESPONDENTS Petition under Atlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, or order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the Respondent No. 1 to 3 in not considering the petitioner's representation dated 05-02-2022, not initiating any action against the illegal construction carried by the Respondent No.4 and thereby not cancelling the building permission given to the Respondent No.4 vide permit No. 31C161089712021 vide File No. 3/C16/0836012021 daled 30-06-2021 issued in respect of H. No. 3-6-20411, on Plot No.3 (actually carrying the construction in respect of D. No.

3-6-20414 basing on building permit dated 30-062021), Street No.

lt the Respondents No. 1 to 3 to initiate forthwith action on the representation of the Petitioner dated 05/02/2022 and thereby cancel the building permission dated 3006-2021 vide permit No. 3/C16/089712021 vide File No. 3i C'l 6/08360/202 1 issued in favour of the Respondent No.4 in respect of H. No. 3-6-20411, on Plot No.3 (actually carrying the construction in respect of D. No. 3-6-20414 basing on building permit dated 30-06-2021), Street No.15, Himayat Nagar, Hyderabad. lA NO: 1 OF 2022.

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 1 to 3 to restrain the Respondent No.4 from raising any further structures basing on the building permit dated 30-06-2021 vide permit No.3/C16/089712021 vide File No. 3/C 1 6/08360/2021 on the property of H. No. 36-20411, on Plot No.3 (actually carrying the construction in respect of D. No. 3-6204/4 basing on building permit dated 30-06-2021), Street No.15, Himayat Nagar, Hyderabad, pending disposal of writ petition, in the interest of justice.

lA NO: 2 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the building permission dated 30-06-2021 vide permit No. 31C16/089712021 vide File No.3/C 1 6/08360/2021 issued in favour of the Respondent No.4 in respect of H. No. 3-6-20411, on Plot No.3 (actually carrying the construction in respect of D. No. 3-6-20414 basing on building permit dated 30-06-2021), Street No.15, Himayat Nagar, Hyderabad, pending disposal of Writ Petition.

lA NO: 3 OF 2022 Between:

J. Sunanda Solomon, Wo. Sri Jella Solomon Raj, Aged about 86 years, Occ Retired Teachaer, Ryo. H.No. 3-6-20414, Himayat Nagar, Hyderabad Petitioner/Respondent No.4 AND

V

1. Harriet Sumalika, D/o. Samson Ramakrishnaiah, Aged about 65 years, Occ Household, R/o. H.No.3-6-20412, Himayal Nagar, Hyderabad ...RespondenV Petitioner

2. Greater Hyderabad Municipal Corporation, Rep by its Commissioner, Municipal Complex, Tank Bund Road, Hyderabad.

3. The Deputy Commissioner, Central Zone, Greater Hyderabad Municipal Corporation, Circle No. 16, Hyderabad

4. Assistant City Planner, Circle No.16, Greater Hyderabad Municipal Corporation, Hyderabad

...Respondents/Respondents

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the status Quo order granted in lA.NO. 1 of 2022 in W.P.No. 9597 ol 2022. Counsel for the Petitioner: SRl. DIDA VIJAYA KUMAR Counsel for the Respondent No's. 1 to 3: SRl. PASHAM KRISHNA REDDY(SC FOR GHMC) Counsel for the Respondent No.4:SRl P.SHARAD KUMAR The Court made the following: ORDER

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI W.P.No.9597 of 2022

ORDER

This writ petition is filed questioning the action of respondent Nos.1 to 3 in not considering the representation of petitioner dated 05.02.2O22 and not initiating any action against the illegal construction carried by respondent No.4 and thereby not cancelling the building permission given to respondent No.4 vide permit No.3/C16/089712021 in File No.3/C16/08360/2021 dated 30.06.2021 issued in respect of H.No.3-6-204/1 on Plot No.3 (actually carrying the construction in respect of D.No.3-6-204/4 basing on building permit dated 30.06.202'1 , Street No.'l5, Himayat Nagar, Hyderabad, as illegal and arbitrary.

2.

Heard learned counsel for the petitioner [t/r. D. Vijaya Kumar, Mr.Pasham Krishna Reddy, Iearned Standing Counsel for respondent Nos.l to 3. Mr. P. Sharad Kumar, learned counsel appearing for respondent No.4.

3.

Learned counsel for the petitioner submits that as the respondents have failed to consider the representation of petitioner dated 05.02.2022, he has approached this Court by filing this wrlt petition.

LK. J W.P.N0.9597 o12022 t/ 4.

At the admission stage, this Court has granted interim order of slatus quo on 23.02.2022 and directed that the matter be listed on 09.03.2022 for filing counter 5.

Learned Standing Counsel has filed counter, wherein it is stated that unofficial respondent No.4 has shown the front side abutting road/lane shown as 4.50 mtr and proposed road is 9.00 metre, but in the proposed building plan, the road affected area is not shown in the permission obtained. lt is stated that the respondent Corporation has issued a show cause notice under Section 450 of HIt/C Act dated 02.03.2022 lo unofficial respondent No.4 to submit his explanation, failing which the building permission will be revoked. 6.

Learned counsel for petitioner No.4 submits that in view of the orders passed by this Court on 23.02.2022, the construction activities are stalled. He submits that as stated by petitioner, there are no illegal constructions carried out by respondent No.4. Learned counsel submits that respondent No.4 has not received any notice from the respondent Corporation.

7 .

ln the facts and circumstances, this Court deems it appropriate to dispose of the Writ Petition directing the respondents to issue a notice to respondent No.4 within one week from today, and on receipt of such notice, respondent No.4 shall give his explanation within one week thereafter, and after receipt of the explanation, the respondentCorporation shall pass appropriate orders within one week thereafter

I LK, J W.P.No.9597 of 2022 by affording an opportunity of hearing both parties. Till such time, respondent No.4 shall not make any constructions in the subject property. The entire exercise shall be completed within the time frame. 8.

With the said directions, the Writ Petition is disposed of. No order as to costs.

9.

Miscellaneous petitions, if any pending in this writ petition shall stand closed.

SD/.I.NAGALAKSHMI ASSISTANT REGISTRAR I SECTTO$OFFICER I //TRUE COPY// To,

1. The Commissioner, Greater Hyderabad Municipal Corporation, Munlcipal Complex, Tank Bund Road, Hyderabad.

2. The Deputy C-ommissioner, Central Zone, Greater Hyderabad Municipal Corporation, Circle No. 16, Hyderabad

3. The Assistant City Planner, Circle No.16, Greater Hyderabad Municipal Corporation, Hyderabad

4. One CC to SRl. DIDA VIJAYA KUMAR Advocate [OpUC]

5. One CC to SRl. PASHAM KRISHNA REDDY (SC FOR GHMC), Advocare loPUCl

6. One CC to SRl. P.SHARAD KUMAR, Advocate [OPUC]

7. One CC to SRl. DAIVODER MUNDRA, Advocate [OPUC]

8. Two CD Copies.

9. One Spare Copy.

GB w SW

HIGH COURT DATED:3010312022 E S 16:

oo 1 7 I

ORDER

s P4T WP.No.9597 of 2022 DISPOSING OF THE WP WITHOUT COSTS.