THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.154 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Ms. Ija Indira, learned counsel for the appellant;
Mr. Pasham Krishna Reddy, learned Government Pleader for
Municipal Administration and Urban Development Department
for respondent No.1; and Mr. B.Jagan Madhav Rao, learned
Standing Counsel for respondent Nos.2 & 3.
2. This appeal is directed against the order dated 05.12.2022 passed by the learned Single Judge dismissing Writ Petition No.42938 of 2022 filed by the appellant as the petitioner.
3. In the aforesaid writ petition, appellant had assailed legality and validity of the speaking order dated 15.09.2022 issued by the 2nd respondent.
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4. A perusal of the speaking order would go to show that 4th respondent had lodged a complaint before the Municipal Corporation, Nizampet i.e., respondent No.2 alleging unauthorized commercial activities being carried out by the appellant in the apartment known as 'Green Ridge Apartment', the residents of which have formed respondent No.4 association. It was alleged that such commercial activities was being carried out by deviating from the sanctioned building plan and by utilizing spaces earmarked for parking, indoor games etc. Such business activities also has jeopardized the privacy and security of the residents of the apartment. Office staff of the 2nd respondent had inspected the apartment building and observed deviations made by the developer i.e., appellant to the sanctioned building plan. Accordingly, show cause notice dated 23.08.2022 was issued to the appellant. However, no reply was submitted by the appellant. In these circumstances, 2nd respondent directed the appellant to remove the unauthorized construction i.e., Commercial Super Market at cellar and G.K.Naidu & Group Office at stilt floor within three days from the date of receipt of 3 HCJ & NTRJ W.A.No.154 of 2023 the speaking order, failing which it was warned that action would be taken under the Telangana Municipalities Act, 2019.
5. Learned Single Judge found from the materials on record that there was no revised building permission for making the above construction. Therefore, learned Single Judge came to the clear conclusion that the constructions carried out by the appellant were unauthorized. Writ petition was accordingly dismissed.
6. In the hearing today, we put a query to learned counsel for the appellant regarding the revised building permission for construction of Commercial Super Market at cellar and G.K.Naidu & Group Office at the stilt floor, but he submits that such permission is not available with him.
7. In such circumstances, we do not find any good reason to entertain the writ appeal.
8. Writ Appeal is accordingly dismissed. However, there shall be no order as to costs.
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9. As a sequel, miscellaneous applications pending, if any, in this Writ Appeal, shall stand closed.
_______________________ UJJAL BHUYAN, CJ ______________________ N.TUKARAMJI, J Date: 21.02.2023 KL