S.K.Srinivas v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM W.P.NO.9397 OF 2019

O R D E R

The grievance of the petitioner is that the private respondent No.5 is proceedings with the construction of double cellars, four floors and six floors building in the property bearing H.No.15-1-52, old Feelkhana, Hyderabad without any sanctioned plan, and that though he made representation to official respondents 2 to 4 on 16.03.2018, no action has been taken till date and the 5th respondent is proceeding with the illegal construction. Hence, the present writ petition.

Heard the learned counsel for the petitioner, Sri Sampath Prabhakar Reddy, learned Standing Counsel for respondents 2 to 4 and learned Government Pleader for Municipal Administration for 1st respondent. A Division Bench of this court in W.P.No.20000 of 2006 dated 27.10.2006, considering the allegation of illegal construction by private respondent therein, and the inaction on the part of Municipal authorities in taking action against the alleged illegal construction, disposed of the writ petition with the following directions:

"1. The Commissioner and / or other concerned authorities of the Municipal corporations and Municipalities in the State of Andhra Pradesh should within a period of 15 days from the date of receipt of representation made or notice sent by any person with the complaint regarding illegal/unauthorized construction, invariably give a written response to the person sending representation or notice.

2. The concerned authorities of the Municipal Corporation or Municipalities shall take necessary measures/steps to ensure that no one is allowed to raise construction without obtaining the building plan sanctioned from the competent authority and no construction is made in violation of the sanctioned plan or master/zonal plan/lay out."

Having regard to the facts and circumstances, the present writ petition is also disposed of in terms of the above directions of the Division Bench. Interlocutory applications pending, if any, shall stand closed. No order as to costs.

-------------------------------------------- CHALLA KODANDA RAM,J DATE:29-04-2019 avs