Smt. Kairam Konda Saritha v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO Date: 24.6.2019 Between:

Smt.Kairam Konda Saritha & another.

.. Petitioners And State of Telangana, rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad and another.

.. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO ORDER:

Heard learned counsel for petitioner and learned Standing Counsel for Respondent Corporation and perused material available on record.

2.

It appears, building permission was granted to the petitioner to construct stilt + 3 floors. Alleging that the petitioners deviated from the building permission granted and without observing set-backs, they constructed additional floor, notice under Section 636 of Hyderabad Municipal Corporation Act, 1955 was issued on 30.5.2019, directing the petitioners to remove the deviated portion within 24 hours. At that stage, the present writ petition is filed.

2.

Today, when the matter is taken up for consideration, the learned counsel for petitioners as well as the learned Standing Counsel for Respondent Corporation informed the Court that the 4th floor structure was already demolished partially and petitioners filed an affidavit before the Corporation for removal of structures made in deviation of building permission granted. The learned counsel for petitioners submits that reasonable time may be granted to the petitioners to modify and make construction in accordance with building permission granted.

3.

Having regard to the aforesaid submission, the writ petition is disposed of, granting eight (8) weeks time to the petitioners to undertake remedial measures in accordance with building permission granted and submit an application to that effect to the Respondent

Corporation and thereafter the Respondent Corporation shall conduct inspection of the building and after satisfying the parameters in accordance with building permission granted, the Corporation shall permit the petitioner to complete the construction, if any remains, and permit the petitioner to occupy the building. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

____________________ P. NAVEEN RAO, J Date: 24.6.2019 DA

THE HON'BLE SRI JUSTICE P. NAVEEN RAO 24.6.2019 DA