Item No.7
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.264 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/writ petitioner is aggrieved by an order dated
29.01.2021 passed by the learned Single Judge whereunder, the court
disposed of a petition filed by it raising a grievance regarding the
purported unauthorised construction being raised by the private
respondent No.5 on a parcel of land situated in Gachibowli Village,
Serilingampally Mandal, Ranga Reddy District without grant of a building permission from the respondent No.2/GHMC.
2. By the impugned order, the learned Single Judge has set aside the order dated 13.11.2020 passed by the respondent No.2/GHMC noting that the same is an unreasoned order and has remanded the matter back to the authority for disposal within five weeks from the date of receipt of the copy of the order. The period of five weeks reckoned from 29.01.2021, would have expired on 05.03.2021.
3. On enquiring from Mr.Pasham Krishna Reddy, learned Standing Counsel for respondent No.2/GHMC as to whether any steps have been taken by the GHMC so far to pass a fresh order strictly in accordance with the impugned order, he states that a notice has been issued to the parties, which submission is vehemently denied by learned counsel for the appellant. Even the learned counsel for the respondent No.5 confirms the said position that no notice has been W.A.No.264 of 2021 Page 1 of 2 2 received by her client so far. It is a clear case of blatant violation of the orders passed by the learned Single Judge. This court is gathering an impression that the officers of the respondent No.2/GHMC are complicit and are deliberately turning a Nelson's eye to the unauthorised construction being raised by the respondent No.5 at the site in question, despite the order passed by the learned Single Judge directing the respondent No.2/GHMC to issue a notice to show cause to both sides, afford them an opportunity of hearing and after examining the material on record, pass a reasoned order under due communication to the parties.
4. We do not propose to leave the matter in the hands of the respondent No.2/GHMC. It is deemed appropriate to direct the parties to place the documents in support of their respective stands before the respondent No.2/GHMC within one week from today. A hearing shall be granted to the parties on 15.07.2021 and a speaking order shall be passed on or before 30.07.2021, with copies furnished to appellant and the respondent No.5.
5. The present appeal is disposed of along with the pending applications, if any, while making it clear that if either of the parties are aggrieved by the order that may be passed by the respondent No.2/GHMC, they shall be entitled to seek appropriate legal recourse. It is also made clear that any construction that the appellant states the respondent No.5 is continuing to raise on the subject property, shall be subject to the order passed by the respondent No.2/GHMC. In other W.A.No.264 of 2021 Page 2 of 3 3 words, if the construction is held to be illegal, the respondent No.2/GHMC shall take steps to demolish the same in accordance with law.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 06.07.2021 Lrkm/pln W.A.No.264 of 2021 Page 3 of 3