Mohd Osman v. The State Of Telangana

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.35820 of 2016 ORDER:

The writ petition is filed questioning the action of the respondents 2 to 4 in not according the permission for dismantling the old structure situated in House bearing Door No.22-1-571/1, Noorkhan Bazar, Hyderabad inspite of the petitioner's representation dated 22.08.2016. It is the case of the petitioner that he has submitted an application on 22.08.2016 to the respondents 2 to 4 in response to the notice received under Section 459 of the Greater Hyderabad Municipal Corporation Act,1955 ( for short, "the Act") that the building bearing Door No.22-1-571/1, Noor Khan Bazar is old construction with tin roofed and the same is in dilapidated condition and he seeks permission to dismantle the existing old structure to zero level.

Based on the representation made by the petitioner, the Deputy Engineer of the Corporation had visited the building in question on 05.09.2016 and noted that the building is in dilapidated condition and the same is in a very dangerous position and the same may collapse any time. In view of the same, the Deputy Engineer had recommended to the Executive Engineer, Division-IVA, South Zone to demolish the dilapidated condition building. The same was forwarded to the Assistant City Planner by letter dated 20.09.2016 and submitted a copy to the Zonal Commissioner, South Zone, for taking necessary action.

Thereafter, on the direction of the Executive Engineer, the Deputy Executive Engineer had visited the building in question and submitted his report on 13.10.2016. It is the further case of the petitioner that thereafter no further steps have been taken by the 2nd respondentCommissioner.

In those circumstances, the writ petition is disposed of with a direction to the 2nd respondent-Commissioner to take a decision with respect to the notice issued about the building in question and demolish the same within a period of four weeks from the date of receipt of copy of this order. No order as to costs.

Miscellaneous Petitions pending, if any, in this writ petition shall stand closed.

______________________________ CHALLA KODANDA RAM,J 24.10.2016.

Note:

Issue CC forthwith.

B/o.

GK

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.35820 of 2016 24.10.2016 Gk