Mohammad Hussain v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 24595 of 2019 ORDER:

The averments in this Writ Petition are that petitioner is the owner of 85 sq.yards of house bearing No.11-3-234 situated at Mahmoodguda, Secunderabad, and that he started construction on 08.08.2019, but, the respondent authorities are interfering with the same.

Learned counsel for the petitioner asserts that the petitioner submitted an application on 25.04.2019 to the Assistant Commissioner, North Zone, Circle-29, Greater Hyderabad Municipal Corporation, Secunderabad, for grant of building permission and thereby, prays for issuance of a direction to the second respondent to that effect.

Learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for the second respondent submits that there is a procedure prescribed for grant of permission for construction and the petitioner has not followed the same, as such, there is no permission granted in his favour. It is the mandate of the law that before making construction even with respect to the site admeasuring below 100 sq.yards,

CKR, J W.P.No.24595 of 2019 permission is required to be obtained from the authorities concerned.

Admittedly, the petitioner is proceeding with the construction activity without obtaining any permission. In those circumstances, this Writ Petition is disposed of, by making it clear that the petitioner shall not proceed with further construction till he obtains required permission from the municipal authorities. However, the respondent authorities shall not take coercive steps with respect to the construction, if any, made by the petitioner as on date.

Miscellaneous Petitions, if any pending, shall stand closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J 11th NOVEMBER, 2019.

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