The Avanthinagar Welfare Association v. The State Of Telangana And 6 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 24665 of 2019 ORDER:

In this Writ Petition, petitioner alleges that under the guise of making construction, respondent Nos.5 to 7 have occupied the public access road without obtaining any permission and are obstructing the free flow of traffic.

Learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for respondent Nos.2 to 4, on instructions, submits that there is an order of the civil Court in favour of respondent Nos.5 to 7, however, the authorities have taken into consideration the complaint of the petitioner and they would take necessary action in accordance with law. It is to be noted that the issue raised in the present Writ Petition is squarely covered by the order dated 27.10.2006 passed by the Division Bench of this Court in W.P.No.20000 of 2006. Relevant portion of the aforesaid order reads as under: "Hence, the writ petition is disposed of as infructuous with liberty to the petitioner to seek revival of the same, if final action is not taken by the municipal authorities within a reasonable time.

Needless to say that this order shall not preclude respondent No.2 from showing to the concerned authority of the municipality that the construction being raised by her is not in violation of the sanctioned plan and that she would make further construction strictly in accordance with the sanctioned plan.

While disposing of the writ petition in the manner indicated above and by taking cognizance of a large number of similar petitions which are filed before this Court with the complaint that despite

CKR, J W.P.No.24665 of 2019 representations and legal notices, the authorities of the municipality do not take action to stop illegal and unauthorized constructions, we deem it proper to issue the following general directions:

1) The Commissioners and/or other concerned authorities of the Municipal Corporations and Municipalities in the State of Andhra Pradesh should within a period of 15 days from the date of receipt of representation made or notice sent by any person with the complaint regarding illegal/unauthorized construction, invariably give a written response to the person sending representation or notice."

2) The concerned authorities of the Municipal Corporations or Municipalities shall take necessary measures/steps to ensure that no one is allowed to raise construction without obtaining the building plan sanctioned from the competent authority and no construction is made in violation of the sanctioned plan or master/zonal plan/lay out." In those circumstances, following the above said order and for the reasons recorded therein, this Writ Petition is also disposed of in terms of the general directions issued in the order dated 27.10.2006 passed by the Division Bench of this Court in W.P.No.20000 of 2006. Further, it is for the petitioner to bring to the notice of the civil Court necessary facts and get impleaded in the proceedings before it and oppose the relief granted in favour of respondent Nos.5 to 7.

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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