K.B.R. Educational Society, v. Hyderabad Metropolitan Development Authority,

THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION Nos.12162, 16894, 18360, 18725 and 30241 of 2014 COMMON ORDER:

W.P.No.12162 of 2014 is filed by M/s MGR Educational Society and others challenging the proceedings dated 21.03.2014; W.P.No.16894 of 2014 is filed by M/s Vikas Educational Society and others against the proceedings dated 03.04.2014; W.P.No.18360 of 2014 is filed by M/s KBR Educational Society and others challenging the proceedings dated 21.04.2014; W.P.No.18725 of 2014 is filed by M/s Gayathri Educational & Cultural Trust and others challenging the proceedings dated 02.04.2014 and W.P.No.30241 of 2014 is filed by M/s Swamy Vivekananda Educational Trust and others challenging the proceedings dated 07.08.2014.

The petitioners are educational institutions. By the impugned proceedings, the respondent authorities sought to demolish their buildings/structures inter alia on the ground of deficiencies and violations of building regulations. Aggrieved thereby, these writ petitions are filed. At the hearing, learned counsel for petitioners as well as the learned Standing Counsel for Hyderabad Metropolitan Development Authority submitted that these five writ petitions can be disposed of in terms of the orders passed by this Court in W.P.No.12165 of 2014 and batch, dated 08.08.2017.

wp_12162_2014 & Batch CKR, J This Court disposed of W.P.No.12165 of 2014 and batch, by order dated 08.08.2017, observing as under:

a) petitioners are given liberty to file representation by attending to the defects pointed out by HMDA along with objections, if any, in this behalf. In cases where the construction requires change of use from conservation to institutional/commercial/residential, such institutions are given liberty to apply for conversion in the Masters Plan to the present need of the petitioners and thereafter re-submit the applications. The petitioners are given liberty to re-submit the applications within three months from the date of receipt of a copy of this order.

b) the 1st respondent considers the cases of petitioners and passes orders, if necessary, after affording opportunity to the petitioners. The interim order granted by this Court is directed to be maintained till an order is passed and communicated in this behalf. Any institution/petitioner, if feels aggrieved by the final decision of the HMDA in this behalf, is given liberty to work out the remedies in accordance with law. In terms of the order dated 08.08.2017 in W.P.No.12165 of 2014 and batch, and for reasons alike, these writ petitions are also disposed of. No costs. Miscellaneous petitions, if any pending, shall stand closed.

________________________ CHALLA KODANDA RAM, J 31st January, 2019 KSM

wp_12162_2014 & Batch CKR, J THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION Nos.12162, 16894, 18360, 18725 and 30241 of 2014 31st January, 2019 KSM