Apex Sai Srinivasam Flat Owners Welfare Association, v. State Of Telangana,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.43154 OF 2016 Dated:19.12.2016 Between:

Apex Sai Srinivasam Flat Owners Welfare Association, Ramakrishnanagar, Madeenaguda, Serilingampally, Ranga Reddy District, rep., by its Secretary and authorized signatory, B. Srikanth Reddy .. Petitioner AND The State of Telangana, rep., by its Principal Secretary, Municipal Administration Department, Secretariat, Saifabad, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.43154 OF 2016 ORDER:

Heard learned counsel for the petitioner and Sri Sampath Prabhakar Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for respondents 2 and 3.

2.

Petitioner is an Association formed to look after the maintenance and welfare of the apartment viz. Sri Apex Sai Srinivasam. The case of the petitioner is that in pursuance of the Development Agreement-cum-GPA, the developer has constructed the apartment in Survey Nos. 81, 82, 84 and 85 at Ramakrishna Nagar, Madinaguda Village, Serilingampally Mandal, Ranga Reddy District, as per the approved plan and after obtaining necessary permission. As the site is stated to be near nala, as per the alignment and design suggested by the Irrigation Department, they have constructed a water channel.

3.

While so, on 26.11.2016 and 27.11.2016, the officials of Respondents 2 and 3 have visited the premises and orally informed that the existing nala has to be expanded for free flow of rain water and thus saying made markings to demolish the portion of the apartment adjacent to the existing nala, without issuing any notice. Questioning the said action of the respondents, the petitioner has approached this Court by way of this Writ Petition. 4.

Learned counsel appearing for the parties fairly submit that the issue involved in this Writ Petition is akin to the one raised in W.P.No.34149 of 2016 and batch of cases, wherein, this

Court, by order dated 30.09.2016, passed the interim order, the operative portion of which reads as under:

"i). Issue notices to all persons/firms/companies who are suspected or alleged to have constructed buildings or structures on nalas or tank beds;

ii). Disclose the material available with the respondent authorities along with such notices that the constructions are in locations warranting demolition;

iii). Give two weeks time from the date of receipt of such notice to the persons/firms/Corporations who are alleged to have built the said structures or tank beds/nalas to respond to such notices or vacate the said premises; and iv). Then pass a reasoned order why the demolition is justified."

5.

In the light of the guidelines framed by this Court in the above said order, the respondent-Corporation shall issue notice to the petitioner and call for explanation, by providing reasonable time to submit the explanation. After submitting the explanation, the respondent-Corporation shall consider the same and pass appropriate orders and if really there are any violations as per the sanctioned plan, the respondent-Corporation may take action in accordance with law. However, no further constructions shall be made by the petitioner without obtaining permission from Greater Hyderabad Municipal Corporation.

6.

Subject to the above, the Writ Petition stands disposed of. No costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:19.12.2016 KH