N. Raghunandan v. The Greater Hyderabad Municipal Corporation

HON'BLE SRI JUSTICE T. AMARNATH GOUD WRIT PETITION No.27347 of 2019 ORDER :

This writ petition is filed seeking Mandamus directing official respondent Nos.2 to 4 to act in accordance with law and take immediate action against the unofficial respondents herein for carrying out illegal constructions encroaching on to the village road in premises bearing Plot Nos.102 and 103 in Sy.No.1, situated at Veeranjaneya Colony, Sahebnagar Village, Hayathnagar Mandal, Ranga Reddy District, and take steps for demolition of the unauthorized and illegal constructions, which are made in deviation to the sanctioned plan. Heard Sri Vedula Venkataramana, learned Senior Counsel representing learned counsel for the petitioner and Sri Sampath Prabhakar Reddy, learned Standing Counsel for respondent Nos.1 to 4 - GHMC. None appeared for respondent Nos.5 to 7.

The case of the petitioner is that he is the owner of agricultural land situated at Veeranjaneya Colony, Sahebnagar Village, Hayathnagar Mandal, Ranga Reddy District. In front of his agricultural land, unofficial respondent Nos.5 to 7 are making illegal constructions by encroaching on to the village road in premises bearing Plot Nos.102 and 103 in Sy.No.

Hayathnagar Mandal, Ranga Reddy District, by deviating the Building Permission vide Permit No.3/C3/13867/2018 and Permit No.3/C3/13868/2018, both dt.25.08.2018, granted to them by the respondent authorities. Complaining the same, the petitioner made a representation dt.21.11.2019 to respondent Nos.2 to 4 seeking demolition of the illegal and unauthorised constructions being made by the unofficial respondents. Since no action has been taken by the respondent authorities on the said representation, the petitioner has filed the present writ petition.

Sri Sampath Prabhakar Reddy, learned Standing Counsel for the respondents - Corporation, on instructions, submits that admittedly, the respondent officials have noted certain deviations and irregularities in the construction being made by unofficial respondent Nos.5 to 7 and as on today, the said construction was made upto basement level and the respondent officials are already taking steps to put an end to such unauthorised construction made by unofficial respondent Nos.5 to 7.

In view of the above facts and circumstances, this writ petition is disposed of directing the respondent authorities to consider the representation dt.21.11.2019 made by the petitioner and pass appropriate orders in accordance with law, after affording an opportunity of hearing to both the petitioner

as well as unofficial respondent Nos.5 to 7. This entire exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. No order as to costs. As a sequel, miscellaneous petitions pending, if any, in this writ petition shall stand closed.

_______________________________ JUSTICE T. AMARNATH GOUD 10.12.2019.

Msr

HON'BLE SRI JUSTICE T. AMARNATH GOUD WRIT PETITION No.27347 of 2019 10.12.2019 Msr