Jagdish K Lalwani v. Greater Hyderabad Municipal Corporation, Rep, Its
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWENTY EIGHTH DAY OF APRIL, TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP .NO: 10970 of 2015 Between:
Jagdish K Lalwani, S/o Late Kishan Chand M Lalwani Occ: Business, H.No. 3-5-807/1/C, My Splendor Residency, Moin Block, Flat No. 401 and 402, Hyderguda, Opposite to Prem Sagar Apartment, Hyderabad, Telengana-500029.
..... Petitioner AND 1 Greater Hyderabad Municipal Corporation, Rep. by its Commissioner Office at Tank Bund, Basheerbagh, Hyderabad.
2 Greater Hyderabad Municipal Corporation, Rep. by its Dy.Commissioner, (Town Planning Section), L.B.Nagar, Circle No-3, GHMC, Hyderabad. 3 Greater Hyderabad Municipal Corporation, Rep. by its Asst. City Planner, (Town Planning Section) L.B.Nagar, Circle No-3, GHMC, Hyderabad. 4 The State Level of Monitory Committee And Appellate Committee U/R 14 of G.O.MS.No.901 M.A. & U.D. Department. Rep. by its Chairman. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of a Writ of Mandamus directing the State Level of Monitory Committee and Appellate Committee under Rule 14 of G.O.MS. No.901 M.A. & U.D. Department Dated 01-12-2007 i.e.
Respondent No.4 to number the Appeal filed by the Petitioner on 12-03-2012 against the Rejection Order dated 27-122010 and consequently direct the Respondent No. 4 to dispose off the same within a period of 6 months in the interest of Justice. WPMP.NO: 14491 of 2015 Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in the W.P., the High Court may be pleased to direct the Respondent No. 1 to 3 herein not to proceed with demolishing of the said property, pending disposal of WP No.10970 of 2015 on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri Milind G. Gokhale, Advocate for the Petitioner and Sri P. Krishna Reddy, learned Standing Counsel for Respondent Nos.1 to 3 - Corporation, the Court made the following ORDER:
Heard the learned counsel for the petitioner. It is stated that the petitioner obtained building permission for construction of commercial complex and made construction and since there were some deviations in construction, he made application for regularization and the same was rejected vide order dated 27-12-2010, against which he filed appeal and the same is pending. In the meanwhile, the respondent Corporation is trying to demolish the structures without any prior notice.
Sri P. Krishna Reddy, learned standing counsel takes notice for the respondent Corporation and seeks time for getting instructions. Post on 16-06-2015 in the motion list.
Till then, status quo obtaining as on today shall be maintained. However, the petitioner shall not make any further construction. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Commissioner, Greater Hyderabad Municipal Corporation, Office at Tank Bund, Basheerbagh, Hyderabad.
2 The Dy. Commissioner (Town Planning Section), Greater Hyderabad Municipal Corporation, L.B.Nagar, Circle No-3, GHMC, Hyderabad. 3 The Asst. City Planner (Town Planning Section), Greater Hyderabad Municipal Corporation, L.B.Nagar, Circle No-3, GHMC, Hyderabad. 4 The Chairman, State Level of Monitory Committee And Appellate Committee U/R 14 of G.O.MS.No.901 M.A. & U.D. Department. (Addressees 1 to 4 BY RPAD) 5 One CC to Sri Milind G. Gokhale, Advocate (OPUC) 6 One spare copy.
nnr HIGH COURT
ARR,J DATED: 28-4-2015 NOTE: Post on 16-6-2015 in motion list
ORDER
W.P.NO. 10970 OF 2015 DIRECTION
HIGH COURT Nnr Date of Drafting : 01-05-2015 ARR,J DATED: 28-4-2015 NOTE: Post on 16-6-2015 in motion list
ORDER
W.P.NO. 10970 OF 2015 DIRECTION