K. Ramakrishna Raju v. The Greater Hyderabad Municipal Corporation,

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.10114 of 2008 Date: 26-08-2015 Between:

K. Ramakrishna Raju .... Petitioner AND The Greater Hyderabad Municipal Corporation, Represented by its Commissioner, Saifabad, Hyderabad and another .... Respondents HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.10114 of 2008 ORDER:

This writ petition is filed for a mandamus declaring the action of the respondents in not taking any action against the illegal construction activity of the 2nd respondent affecting the free flow of air and light to the petitioner's building and in deviation to the mandatory stipulations as contained under the provisions of Hyderabad Municipal Corporation Act, and for a consequential direction to the 1st respondent to demolish/ remove the structures being raised by the 2nd respondent in deviation to the statutory stipulations.

2. Heard the learned counsel for the petitioner, who submits that the 2nd respondent has made constructions without any building permission and in spite of several representations, no action has been taken by the 1st respondent. Sri P. Kesava Rao,

learned standing counsel appearing for the 1st respondentCorporation produced a copy of the status report dated 15-112014, wherein it is stated that the building has already been completed and the application for building penalization scheme has not been disposed of because of pendency of the present writ petition.

3.

In view of above submissions and basing on the status report dated 15-11-2014, the competent authority shall dispose of the application filed by the 2nd respondent for regularization of structures being made in accordance with law, as expeditiously as possible, preferably within a period of two (2) months from the date of receipt of a copy of the order, after giving a notice and also affording a reasonable opportunity of making submissions to the petitioner as well as the 2nd respondent and take appropriate action thereafter, in accordance with law. Till then status quo obtaining as on toady regarding constructions shall be maintained. With the above direction, the writ petition is disposed of. No costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _____________________ A. RAJASHEKER REDDY, J Date: 26-08-2015 Ksn