THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No.25287 of 2023
ORDER:
In this Writ Petition, the petitioner had called in question the inaction of respondents in considering the petitioner's representation dated 31-07-2023 as illegal and arbitrary.
2. Heard learned counsel for petitioner in the morning Session, and on the matter was passed over, there is no representation on behalf of learned counsel for petitioner in the After Noon session. Heard learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri K.Ravinder Reddy, learned Standing Counsel appearing for respondent Nos.2 and 3, and perused the record. With their consent, the present Writ Petition is taken up for hearing and disposal at the admission stage. Thus, notice to unofficial respondents felt unnecessary since it is the action of official respondents is called for in the present Writ Petition.
3. Petitioner contends that he is the owner of house bearing No.12-7-109/1/A situated at Mettuguda, Secunderabad; that petitioner on account of his employment is living in Australia and 2 visits his dwelling house in India every 6 months; and that respondent No.4, taking advantage of absence of petitioner, has raised multi floor building by not leaving set backs and literally raising column/wall on petitioner's staircase. It is further contended by the petitioner that respondent No.4 has flouted all the permission norms and carrying on the construction as on date in deviation of the sanctioned plan.
4. Petitioner further contends that aggrieved by the said action on the part of unofficial respondent, he had approached respondent Nos.2 and 3 Authority and submitted a representation/application dated 31-07-2023 bringing to their notice about the illegal construction being carried on by respondent No.4.
5. It is also contended by petitioner that upon petitioner making complaint to respondent No.3 on 31-07-2023, respondent No.3 had issued a letter dated 08-08-2023 to the petitioner informing him that respondent-authorities have issued a show cause notice to respondent No.4 on 08-08-2023 directing the respondent No.4 to submit her explanation within 7 days from the date of notice, failing which further necessary action would be initiated. 3
6. Petitioner contends that in spite of being informed of the notice having been issued to respondent No.4 on 08-08-2023, no further action has been taken, and thus, the petitioner is constrained to approach this Court.
7. Learned Standing Counsel appearing on behalf of respondent Nos.2 and 3 has placed before this Court the written instructions under the signature of the Assistant City Planner, Circle-29, Secunderabad, GHMC. The said written instructions are taken on record.
8. By the said written instructions, it is stated that respondent No.4 had obtained building permission from respondent Nos.2 and 3 for construction of stilt + (2) upper floors for residential purpose in premises No.12-7-109/B situated at Mettuguda, Secunderabad vide application dated 25-01-2023 through TS-bPASS and commenced construction.
9. By the written instructions, it is also stated that the unofficial respondent made construction in deviation of the sanctioned plan, and on receiving complaint from the petitioner, the Officials of the respondent-Corporation issued show cause notice to respondent 4 No.4 on 08-08-2023 calling for explanation, and that respondent No.4 submitted her explanation on 22-08-2023 stating that she is not making any illegal construction.
10. By the said written instructions, it is also stated that the unofficial respondent while submitting explanation to the show cause notice of the official respondents, had also approached the City Civil Court by filing suit vide O.S.No.132 of 2023 and obtained an injunction order in I.A.No.462 of 2023. By the said written instructions, it is also stated that under the shelter of the said injunction order, respondent No.4 is proceeding with the construction in deviation of the sanction plan, for which the respondent-Corporation had issued a speaking order dated 01-09-2023 to the unofficial respondent granting 15 days time to remove the deviations noted therein.
11. Learned Standing Counsel appearing for respondent Nos.2 and 3 further submits that the respondent-authorities are taking steps to get the injunction order obtained I.A.No.462 of 2023 in O.S.No.132 of 2023 vacated.
5
12. Learned Standing Counsel, by drawing the attention of this Court to a judgment rendered by a Division Bench of this Court Y.Jyothirmoy and others Vs. Municipal Corporation of Hyderabad 1, submits that the Division Bench of this Court had laid down 11 guidelines for the guidance of Civil Courts while dealing with injunctions being sought against statutory notices. Learned Standing Counsel further submits that the above said guidelines laid down in the above judgment of this Court were also brought to the notice of the Court below while seeking for vacation of the interim order.
13. Learned Standing Counsel further submits that on expiry of 15 days period from the date of speaking order i.e. 01-09-2023, the official respondents would take further action in the matter by removing the deviations as noted in the speaking order.
14. Having regard to the submissions made as above, and taking note of the fact that the Authorities have already passed a speaking order granting 15 days time to respondent No.4 for removing the deviations/unauthorized construction as noted therein and the fact 1 2007 SCC Online A.P. 35 6 that 15 days time would expire on 15-09-2023, it is needless to the mention that respondent-authorities shall take further course of action in accordance with law.
15. Subject to the above observations and directions, the Writ Petition is disposed of. No costs.
16. It is made clear that this Court has not expressed any view on the merits of the claims of the contesting parties.
As a sequel, miscellaneous petitions pending if any shall stand closed. No costs.
___________________ T. VINOD KUMAR, J Date: 12.09.2023 Vsv