D. Sulochana v. Greater Hyderabad Municipal Corporation

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN Writ Petition No.11813 of 2009 ORDER:

The petitioners sought regularization of their unauthorized construction in terms of the scheme notified in G.O.Ms.No.901 dated 31.12.2007. This Court, by order in WPMP No.15212 of 2009 dated 17.06.2009, granted interim directions as prayed for till the petitioners' application was disposed of.

Sri P.Keshava Rao, Learned Standing Counsel for the GHMC, would submit that, subsequently in the year 2015, a new scheme of regularization was formulated; even those who had submitted their applications for regularization under the earlier scheme were required to apply afresh under the new scheme; and it is only such of those applicants, who submitted fresh applications, who are eligible to be considered for regularization of their unauthorized construction. Sri Mohd. Moin Ahmed Quadri, Learned Counsel for the petitioners, expresses ignorance on whether or not the petitioners had submitted fresh applications under the latter scheme. As the earlier scheme has since been substituted by a new scheme, any right which the petitioners can claim is only under the subsequent scheme. Since the earlier scheme is no longer in force, the cause in the Writ Petition does not survive necessitating any further adjudication by this Court.

The Writ Petition fails and is, accordingly, dismissed. The Miscellaneous Petitions pending, if any, shall also stand dismissed. No order as to costs.

_________________________________ RAMESH RANGANATHAN, ACJ.

Date:21.07.2017.

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