M/S Green Hills Colony Welfare Association, v. Neeraj Kumar,
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY CONTEMPT CASE No.1984 of 2013 O R D E R:
This Contempt Case is filed alleging violation of orders dated 01.08.2013 passed by this Court in W.P.M.P.No.27896 of 2013 in W.P.No.22755 OF 2013. 2.
By the above said order this Court directed respondent Nos.3 and 4 in the writ petition to ensure that the green belt area lying in the approved layout permit No.2992 of 1996, dated 01.11.1997 is rid off all encroachments and maintain the green belt area in accordance with the permission. 3.
It is the contention of the learned counsel appearing for the petitioner that the respondents have not removed the encroachments from green belt area and allowed respondent No.7 to encroach the Green Belt area by laying illegal constructions.
4.
Respondent No.3 i.e. the Deputy Commissioner, Uppal circle has filed counter affidavit dated 20.04.2017 stating that after noticing the encroachments, the respondent-office issued notices to the encroachers for removal of illegal Constructions and the encroachers after receipt of the said notices have instituted writ petition Nos.36094, 36093, 36447, 36935, 36476 & 31399 of 2013 before this Court and this Court granted interim order of status quo. In view of the interim orders passed by this Court, they are not in a position to remove the encroachments in green belt area, however they have
not allowed any new construction over the subject property and they will initiate appropriate action soon after the disposal of the above said writ petitions for removal of the encroachments strictly in accordance with the permit No.2992 of 1996, dated 01.11.1997.
5.
Recording the above submission, this Contempt case is closed as no further orders are necessary.
6.
However the learned Counsel appearing for the petitioner apprehends that the respondents even after the disposal of the said writ petitions may not remove the encroachments from green belt area and it will cause great hardship to the inhabitants of the neighboring locality. 7.
Taking note of the said submission, this Court is giving liberty to the petitioner, in the event, the respondents fail to remove the encroachments from the green belt area, petitioner is entitled to revive this contempt case, by filing appropriate petition in accordance with law.
Miscellaneous petitions, if any pending in this contempt case shall stand closed.
____________________________________ JUSTICE C.V.BHASKAR REDDY Date: 15‐02‐2023 myk