M/S. Sri Dattasai Apartments Owners Welfare Association v. The Greater Hyderabad Municipal Corporation

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.31348 of 2010 ORDER:

This writ petition is filed with a prayer to declare the permit No.696, dated 02.07.2010, issued by the 1st respondent, as illegal and arbitrary and consequently, set aside the same. Heard and perused the material available on record. Learned counsel for the petitioner submitted that this Court stayed the entire construction by its earlier order, dated 02.07.2010, and subsequently, the said order was modified directing the respondents to construct the building leaving 30 feet gap between the petitioner's residential block and the proposed construction by the respondents 3 to 5.

Learned counsel for the respondents 3 to 5 submitted that the construction was completed in accordance with the sanctioned permission, and that 'No Objection Certificate' was also issued by the authorities concerned. In view of the said submission, this Court is of the view that if there is any deviation by the respondents 3 to 5, the petitioner is at liberty to agitate the same before appropriate forum. Accordingly, the Writ Petition is disposed of. No order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J January 30, 2017 KTL