THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL No.577 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The appellant before this Court has filed the present
writ appeal being aggrieved by the order dated
25.10.2021 passed in W.P.No.13376 of 2021.
The contention of the appellant is that she has
preferred the writ petition under Article 226 of the
Constitution of India being aggrieved by the threat of
demolition of a hospital in the premises bearing No.16-2-
145/F admeasuring 472 square yards situated at Judges
Colony, Malakpet, Hyderabad. She has stated that
during the pendency of the writ petition, an interim order
was issued directing the Greater Hyderabad Municipal
Corporation (GHMC) to ensure that the parking area in
which there is unauthorised construction is restored as
parking area and the same was done by restoring it as
parking area.
Learned counsel for the appellant has argued before
this Court that in the writ petition a prayer was made for
regularising the unauthorised construction on various
grounds. However, the learned Single Judge has passed
the interim order on 25.10.2021 directing the GHMC to
2
demolish the two upper floors, pent house in the 6th floor
and one room on the 7th floor and to report compliance
on 02.11.2021. She has argued before this Court that by
directing demolition of the building, virtually a final order
has been passed by the learned Single Judge, though it is
an interim order, and the grounds raised by the appellant
have not been considered and decided on merits. She
has stated that in case the building is demolished, the
entire writ petition will become infructuous.
On the other hand, learned counsel appearing for
the GHMC has argued before this Court that the
construction is illegal. However, no final order has been
passed by the learned Single Judge deciding the writ
petition on merits. He has also stated that the GHMC is
taking action as per the orders passed by the learned
Single Judge from time to time.
Learned counsel for the respondent No.5 has stated
that he does not have any instructions in the matter.
In the considered opinion of this Court, once the building is demolished, there remains nothing to be adjudicated by the learned Single Judge as to whether the construction is illegal, whether compounding can be done or not and whether the grounds raised by the appellant entitles her for grant of any relief or not. 3 Therefore, in the considered opinion of this Court, the matter deserves to be heard on merits.
Resultantly, the writ appeal is allowed and the order passed by the learned Single Judge is set aside. The parties are directed to appear before the learned Single Judge on 02.11.2021 and the learned Single Judge is requested to decide the matter on merits at an early date.
The miscellaneous applications pending this writ appeal, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 01.11.2021 Note: Issue C.C today.
B/o.
vs