Smt. V. Bhagya Sree v. The State Of Telangana And 4 Others

( HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY ,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 18904 OF 2022 Between:

1. Smt. V. Bhagya Sree, Wo. Sri V. Venu Gopal, Aged 56 years, Occ. House wife, R/o. Flat No. 101,are residents of Olive Avenue, Plot No. CRL S,Vivekananda Nagar, Kukatpally, Hyderabad - 72.

2. B.P. Meena, Wo. Sri B. Shiva Reddy, Aged.S2 years, Occ. House wife, Rio. Flat No. 201,

3. B. Mary Manjula, Wo. B. Vinod Reddy, Aged. 45 years, Occ. House wife, R/o. Flat No. 301

4. B. Chennakesava Reddy, S/o. B. Ram Reddy, Aged. 45 years, Occ. Business, R/o. Flat No. 501, All are residents of Olive Avenue, Plot No. CRL B, Vivekananda Nagar, Kukatpally, Hyderabad - 72. ...PETITIONERS AND The State of Telangana, Rep. by its Principal Secretary, MA and UD, BRK Bhavan, Secretariat, Hyderabad 500 022.

The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, GHMC, Tank bund Road, Hyderabad-SO0 022.

The Deputy Commissioner of GHMC, Circle - 24, Kukatpally GHMC, MedchalMalkajgiri District.

4. The Assistant City Planner of GHMC, Ctcle 24, Kukatpally GHMC, MedchalMalkajgiri District.

5. B. Radha Krishna, S/o. Aged about 65 years, Occ.Retired Employee, R/o. Flat No. 401, Olive Avenue, Plot No. CRL 8, Vivekananda Nagar, Kukatpally, Hyderabad ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 3 and 4 contemplating to demolish the Watchman Room constructed in the Stilt Area of OLIVE AVENUE Apartments constructed in 2008 on Plot No. B in Sy. No. 57 and 58 of Baghameer

vide notice No.303/UCA/V.No.122lctl24lKzl GHMC|2O2Z da|ed. 07.04 2022 issued under Sec. 636 of HMC Act in spite of BPS Proceedings No. 25341/BP/Cir.No 14n/V.2108, dated. 12.07.2O10 issued by the 2nd. Respondent, as highly illegal, arbitrary, capricious, contrary to Law and the Provisions of HMC Act, and consequently to set aside the same lA NO: 2 OF 2022 Between B. Radha Krishna, S/o. Aged about 65 years, Occ.Retired Employee, R/o. FIat No. 40l, Olive Avenue, Plot No. CRL 8, Vivekananda Nagar, Kukatpally, Hyderabad.

...PETITIONER/sTH RESPONDENT And '1. Smt. V. Bhagya Sree, Wo. Sri V. Venu Gopal, Aged 56 years, Occ. House wife, R/o. Flat No. 10'1 ,are residents of Olive Avenue, Plot No. CRL 8,Vivekananda Nagar, Kukatpally, Hyderabad - 72.

2. B.P. Meena, Wo. Sri B. Shiva Reddy, Aged.52 years, Occ. Rl/o. Flat No. 201, R/o. Flat No. 301,Olive Avenue, Plot Vivekananda Nagar, Ku katpa aly, Hyderabad.T 2.

3. B. Mary Manjula, Wo. B. Vinod Reddy, Aged. 45 years, Occ. House wife, Rl/o. Flat No. 30't,Olive Avenue, Plot No.CRL 8, Vivekananda Nagar, Kukatpaaly, Hyderabad.72.

4. B. Chennakesava Reddy, S/o. B. Ram Reddy, Aged. 45 years, Occ. Business, Rl/o. Flat No. 501, All are residents of Olive Avenue, Plot No. CRL B, Vivekananda Nagar, Kukatpally, Hyderabad - 72. House wife, No.CRL 8, ...RESPONDENTS/ PETITIONERS

5. The State of Telangana, Rep. by its Principal Secretary, Bhavan, Secretariat, Hyderabad 500 022.

MA and UD, BRK

6. The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, GHMC, Tank bund Road, Hyderabad-S0O 022.

7. The Deputy Commissioner of GHMC, Circle - 24, Kukatpally GHMC, MedchalMalkajgiri District.

8. The Assistant City Planner of GHMC, Cicle 24, Kukatpally GHMC, MedchalMalkajgiri District. ....RESPONDENTS/ RESPONDENTS 1 to 4

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 0810412022 in W.P.No. 18904 of 2022 pending disposal of the writ petition lA NO: 'l OF 2022 Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 2 and 3 not to demolish the watchman room constructed in the Stilt area of Olive Avenue Apartments in Plot No. B in Sy. No. 57 and 58 of Baghameer pursuant to notice No 303/UCA/V.No.122lCirl24lKZlGHMCl2022 daled. 07.04.2022 as otherwise the Petitioner will suffer loss and injury. Counsel for the Petitioners : SRl. SUBRAHMANYAM KURELLA Counsel for the Respondents No 1 : GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondents No 2 to 4 : SRl. P.SAMPATH PRABHAKAR REDDY (SC FOR GHMC) Counsel for the Respondents No 5 : SRI A NARASIMHA RAO The Court made the following: ORDER

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI W.P.No.1890 4 of 2022

ORDER

This writ petition is filed with the following prayer; "to issue an order or a direction or a writ more particularly one in the nature of writ of mandamus declaring the action of respondent Nos.3 and 4 contemplating to demolish the watchman room constructed in the stilt area of Olive Avenue Apartments constructed in 2008 in Plot No.8 in Sy.Nos.57 and 58 of Baghameer vide Notice No.303/UC/1V.No.122|CV24IKZGV,MC|2022 dated 07-04-2022 issued under Section 636 of HMC Act in spite of BPS Proc.No.25341 /BP/Cir. No. 14/W.2o8, dated'1 2-07-20 1 0 issued by the 2d respondent as highly illegal, arbitrary, capricious, contrary to law and the provisions of HMC Act. and consequently to set aside the same".

2.

Learned counsel for the petitioners Mr. Subrahmanyam Kurella submits that the respondents have issued a notice to the petitioners proposing to demolish the room in the apartment which is used as watchman room and the same is constructed by the builder. He submits that the said building was regularized in the year 2010 and now, after a lapse of several years, the respondents are coming up with a plea that it is an unauthorized construction. He submits that after such a long lapse of time and after regularization of the building, it is not open for the respondents to say that it is an unauthorized construction and hence, the petitioners have come up before this Court.

3.

Learned Standing Counsel Mr. Sampath Prabhakar Reddy { submits that even as per the LRS proceedings of 2010 also, the stilt

l LK. J W.P.No.18904 of 2022 floor area is meant for parking and even in the regularization proceedings, there is no such structure in the apartment. He submits that the said portion is constructed thereafter unauthorizedly and the respondent Corporation has issued notices under Sections 452(1) and 461 and also under Section 636 of Hyderabad Municipal Corporation Act and there is no illegality in issuing the impugned notice. 4.

Learned counsel for the unofficial respondent No.S Mr. A. Narasimha Rao submits that the petitioners are residents of the said apartment and unauthorizedly a room was constructed by obstructing the car parking. He submits that because of the room that is constructed, parking area is reduced and it is creating lot of inconvenience to the residents.

5.

Admittedly, for construction of a watchman room, as per the material available on record, there is no permission and it is an unauthorized construction and the respondent Corporation has already issued notices to the petitioners. Hence, this Court finds that there is no need to interfere with the impugned notice. 6.

Accordingly, the Writ Petition is dismissed. No order as to costs 7 - Miscellaneous petitions, if any pending in this writ petition, shall stand dismissed SD/.K.VENKAIAH ASSISTANT REGI STRAR //TRUE COPY// SECTION€ To, \ FFICER The Principal Secretary, MA and UD, BRK Bhavan, Secretariat,State of Telangana Hyderabad 500022.

The Commissioner, Greater Hyderabad Municipal Corporation, GHMC, Tank bund Road, Hyderabad-S0O 022.

3. The Deputy Commissioner of GHMC, Ctcle - 24, Kukatpally GHMC, MedchalMalkajgiri District.

4. The Assistant City Planner of GHMC, Ctcle24, Kukatpally GHMC, MedchalMalkajgiri District.

5. One CC to SRl. SUBRAHMANYAM KURELLA Advocate [OPUCj

6. One CC to SRI. A NARASIMHA RAO, Advocate [OPUC]

7. Two CCs to GP MUNCIPAL ADMN AND URBAN DEV(AP) ,High Court for the State of Telangana. [OUT] B. Two CD Copies

9. One spare copy SB \ V SW

\ ntcH couRT DATED:O410812022 -)c s t sE? 1$11

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ORDER

WP.No.18904 ol 2022 DISMISSING OF THE WRIT PETITION WITHOUT COSTS., .y