Spectrum Flat Owners Association, v. State Of Telangana, Represented By Its Principal Secretary
THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.42716 of 2015 ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief/s:- "....to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents 1 to 4 in not initiating any action on the petitioner representation dated 01.12.2015 against the 5th respondent for making illegal construction over the Municipal House bearing Nos.3-3-835/19, 19 A to 19 D, M/s. Spectrum Icon, as illegal, arbitrary and consequently direct the respondent Nos.1 to 4 to demolish the illegal construction made by the 5th respondent on the terrace of Municipal House bearing Nos.3-3-835/19, 19A to 19D, M/s. Spectrum Icon, and pass such other order or orders as may deem fit and proper in the circumstances of the case."
(Reproduced Verbatim)
2. I have heard the submissions of the learned counsel for the writ petitioner and Sri P. Kesava Rao, the learned Standing Counsel for the GHMC, representing the respondents 2 to 4. I have perused the material record.
3. The case of the writ petitioner as set out in the petition and as per the submission made on its behalf, in brief, is this: "The 5th respondent having obtained permission for construction of stilt (parking area), first, second, third and fourth floors, had made construction accordingly. Thereafter, the 5th respondent had proceeded to make further construction over the 4th floor and had constructed a pent house/5th floor additionally without obtaining any permission from the Municipal Corporation. Feeling aggrieved, the petitioner-Association had made a representation dated 01.12.2015 to the respondents 1 to 4 complaining against the said illegal and unauthorized construction made by the 5th respondent. Inspite of such representation, no action was initiated by the said respondents against the illegal construction made by the 5th respondent on the terrace of the 4th floor of the subject
property. Hence, the present writ petition is filed."
4. The learned standing counsel for the GHMC would submit that though permission and approval were obtained for construction of stilt and four floors, the 5th respondent had illegally constructed the 5th floor about 1 1⁄2 years back; and that for the reasons best known to it, the petitioner had kept quiet and had made a belated representation; and that in response to the said representation of the petitioner, the GHMC had already initiated action; and that the Officer concerned had already inspected the premises and that a notice under Section 452 (1) of the Hyderabad Municipal Corporation Act had already been issued; and that pursuant to such action that was thus initiated, the GHMC is going to take further action in the matter in strict accordance with the procedure established by law, and that, therefore, the grievance of the petitioner is not well founded and the writ petition is liable to be dismissed.
5. The learned counsel for the petitioner would submit that since it is represented by the learned standing counsel for the GHMC that action was already initiated in accordance with the procedure established by law, a direction may be given to complete the said exercise in accordance with law within a timeframe and necessary orders may be passed.
6. The learned standing counsel for GHMC would submit that the GHMC has no qualms for the petitioner seeking such a direction, as the GHMC is already proceeding in accordance with the procedure established by law.
7. Recording the said submissions, the writ petition is disposed of leaving it open to the 2nd respondent-GHMC to further proceed in the matter and complete the whole exercise, in strict accordance with the procedure established by law, as expeditiously as possible, however,
within six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in the writ petition shall stand closed.
______________________ M.Seetharama Murti, J 31st December, 2015 Note: Furnish C.C. by 06.01.2015.
(b/o) cbs