Sri. Syed Nizamuddin Farooqi, v. The Commissioner Greater Hyderabad Municipal Corporation

THE HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No. 128 OF 2014 ORDER:

This Writ Petition is filed to declare notice No.

6836/TPS/C6/GHMC/2013 dated 17-12-2013 of respondent Nos. 1 and 2 directing the petitioner to stop construction work as illegal and arbitrary and consequently direct the respondents not to demolish the constructed structure of the petitioner premises bearing house No. 8-15-79/859, plot No. 859 in survey No. 134/220, admeasuring square yards, situated at Shastrinagar, Mailardevpally, Rajendranagar, Ranga Reddy District.

2.

On 02-01-2014, this Court passed an interim order directing the petitioner not to make any further constructions than what he has made including internal finishing and also directed the respondents not to demolish any of the constructions made by the petitioner.

3.

Today when the matter came up for hearing, learned counsel for the petitioner submits that pursuant to the notice dated 17-12-2013 issued under Sections 452 (1) and 461 (1) of GHMC Act, the petitioner submitted his explanation within seven days as mentioned in the notice but the same has not been disposed of till date.

4.

As five years have elapsed after issuing the notice dated 17-12-2013, the petitioner is given liberty to submit a fresh explanation to the notice dated 17-12-2013 within a period of four weeks from the date of receipt of a copy of this order and respondent No. 2 is directed to consider the same and pass appropriate orders in accordance with law within a period of eight weeks thereafter. Till such time, both parties are directed to maintain status quo. If the petitioner does not submit fresh explanation to the notice dated 17.12.2013 within a period of four weeks from the date of receipt of a copy of this order, the respondents are at liberty to proceed in accordance with law. 5.

The Writ Petition is disposed of accordingly. Pending miscellaneous petitions, if any, shall stand closed in consequence. No costs.

___________________________ KONGARA VIJAYA LAKSHMI, J.

06-12-2018 JSK