Sri M. Rajaiah Gupta v. The Commissioner

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18697 of 2015 Dated : 25.06.2015 Between:

Sri M.Rajaiah Gupta, S/o.Sri M. Rajalingam Gupta, Aged 80 yrs, Occu : Retd. Govt. Employee, R/o.1-74 to 1-76, Taranagar, Serlingampally Mandal, R.R. District, State of Telangana-19 .. Petitioner And The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad & 3 others .. Respondents This Court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18697 of 2015

ORDER :

The petitioner claims to be resident of house bearing No.1-77 & 1-78, Taranagar Village, Chandanagar Gram Panchayat, Serlingampally Mandal, Ranga Reddy District. The petitioner alleges that the neighbour of the petitioner is constructing a multistoried building after obtaining permission from the Municipal Corporation, but the building is constructed in violation of the statutory Rules, and without observing the minimum required set backs and as he is digging very deep to build a cellar, there is a threat to the structural stability of the petitioner's property and that the pillars are raised very near to the petitioner's building. Apprehending such danger, on account of illegal construction undertaken by the neighbour, the petitioner claimed to have submitted a complaint on 22.05.2015 to the 1st respondent, the copies of which were also marked to Zonal Commissioner, GHMC, Sherlingampally Mandal, R.R. District and Deputy Commissioner, GHMC, Chandanagar, Sherlingampally Mandal, Circle-12, R.R. District, so far no action has been taken.

2. Learned Standing counsel representing the respondentCorporation submits that since a complaint is made by the petitioner on 22.05.2015, after granting the building permission, the same shall be considered in due course.

3. Having regard to the said submission, without expressing any opinion on merits, the Writ Petition is disposed of, directing the Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle-XII, West Zone, Chandanagar, Serlingampally, R.R. District (2nd respondent) to consider the complaint lodged by the petitioner on 22.05.2015 and pass appropriate order and communicate the same to the petitioner as warranted by law, within a period of three (3) weeks from the date of receipt of a copy of this order. In the event said complaint is accepted and further proceedings are initiated, the 4th respondent shall be accorded due opportunity in accordance with law. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 25th June, 2015 Note : Issue C.C. by tomorrow.

B/o.

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