Meenakshis Sky Lounge Owners Association v. The State Of Telangana

THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM WRI T PETI TI ON No.20907 of 2019 ORDER:

The notice issued under Sections 402 and 405 of the HMC Act, 1955, dated 18.09.2019, is challenged before this Court. The impugned notice reads as under:

" I t came to the notice of the undersigned that you have constructed compound w all Buffer zone of MundiKunta, Khanamet (v), Serilingampally Mandal contrary to the provisions of HMC Act 1955 and Bye-Law s made thereunder as given below . You have constructed compound w all in Buffer zone / FTL of MundiKunta:

Therefore, you are hereby directed to show sufficient cause by a statement in w riting or by an agent duly authorized by you in this behalf w hy the above deviated portion / unauthorized construction of compound w all constructed in Buffer Zone / FTL shall not be removed, altered or pulled dow n. Further you hereby directed to remove the unauthorized construction w ithin (24) hrs from the date of receipt of this notice failing w hich further action w ill be taken to remove unauthorized construction and expenses thereof w ill be recovered from you."

While directing the petitioner-Association to submit explanation, the 3rd respondent simultaneously conveyed a decision to the extent that the petitioner had made unauthorized construction, and directed to remove the same within 24 hours. There cannot be a notice calling for explanation while simultaneously making an order, even without there being an explanation. In that view of the matter, taking into consideration of the submission made by the learned Standing Counsel, the notice dated 18.09.2019 shall be treated as a Show Cause notice and the petitioner shall submit explanation within a period of ten (10) days from today, which shall be considered by the respondent authorities and make a reasoned order, in accordance with law. If

need be, the petitioner shall be given an opportunity of hearing to enable to place necessary material before the 3rd respondent. Till such time a reasoned order is made by considering the explanation, no demolition shall be undertaken.

With the above direction, the writ petition is disposed of. No costs. Miscellaneous petitions, if any pending, shall stand closed. _____________________ CHALLA KODANDA RAM, J 23rd September, 2019 KSM

THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM WRI T PETI TI ON No.20907 of 2019 23rd September, 2019 KSM