E. Vishweshwar Rao v. The Greater Hyderabad Muncipal Corporation,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 2533 OF 2017 O R D E R :

Petitioners claim to be the owners of the building bearing Door No. 3-3-14 to 16 (old Door No. 3121) situated at Kurma Basti, Rastrapati Road, Secunderabad. It is stated that Respondents 3 and 4 have been in occupation of the said building. While so, the respondent Greater Hyderabad Municipal Corporation issued the notice under Section 456 of the Greater Hyderabad Municipal Corporation Act, 1955, as the building is more than 70-year-old and it is in a dilapidated condition and the same required to be demolished. Respondents 3 and 4 challenged the said notice by filing Writ Petitions No. 21493 and 21746 of 2013, wherein, this Court, vide common order dated 13.06.

2013, directed the respondent Corporation to obtain technical report from Jawaharlal Nehru Technological University at Hyderabad and take necessary action after following the procedure under Section 459 of the Act. The respondent Corporation, vide letter dated 17.06.2015, directed the petitioners to remit a sum of Rs.2,80,000/- towards the demolition charges, remission of which was also acknowledged by the letter dated 19.02.2016.

Now the grievance of the petitioners is that having accepted the demolition charges and having passed the orders under Sections 456 and 459 of the Act, the respondent authorities are not proceeding to demolish the building. Hence, this Writ Petition. Heard learned counsel for the petitioners.

Learned Standing Counsel for Greater Hyderabad Municipal Corporation Sri Chatla Madhu, on instructions, submits that within four weeks from today, Respondents 1 and 2 will take necessary action in the matter and hence, he seeks to dispose of this Writ Petition. The said submission is taken on record. The Writ Petition is therefore, disposed of making it clear that non-compliance with the undertaking given by the learned Standing Counsel before this Court will be treated as violation of the order of this Court and contempt proceedings will be initiated against the Deputy Commissioner, Greater Hyderabad Municipal Corporation, Secunderabad Division and the City Planner, Circle No. 18, who have instructed the learned Standing Counsel to make such a statement before this Court. No costs. Consequently, the miscellaneous Applications, if any shall also stand disposed of.

____________________________ CHALLA KODANDA RAM, J 25th January 2017 Issue CC in two days.

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