Esurapu Madhusudhan Rao And ... vs Greater Hyderabad Municipal ...
2021 Latest Caselaw 2367 Tel

Item No.7
     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                   AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                           WA.No.359 of 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.    The appellants/writ petitioners are aggrieved by an order dated

12.07.2021, passed by the learned Single Judge disposing of

W.P.No.15617 of 2021 filed by them for issuing a direction to the

respondent/GHMC to construct a fencing around a vacant parcel of

land measuring 3,300 square yards in Sy.No.822 (old Sy.No.777)

situated in Chintabavi, Chilkalguda, Secunderabad.

2. By the impugned order, the writ petition has been disposed of

by the learned Single Judge with a direction to the appellants/writ

petitioners to submit an application for seeking permission to

construct a compound wall along with the relevant documents.

Directions have also been issued to the respondents to consider the

said application and pass necessary orders in accordance with law,

after hearing the appellants/writ petitioners and any other persons who

may be interested.

3. Learned counsel for the appellants/writ petitioners states that

his clients are not proposing to build a compound wall around the

vacant parcel of land in question. They are only proposing to put up a

barbed wire fencing around the parcel of land to protect the same from

any encroachment for which no prior permission is required from the

civic authorities.

4. We may note that before filing of the captioned writ petition,

the appellants/writ petitioners had filed W.P.No.11818 of 2021 with

the very same grievance which was disposed of vide order dated

30.04.2021, directing the respondent No.2/GHMC to consider the

representation dated 23.01.2021 made by the appellants/writ

petitioners and dispose of the same as expeditiously as possible, after

affording them an opportunity of hearing.

5. Learned counsel for the appellants/writ petitioners refers to the

order dated 25.06.2021 wherein, the respondent/GHMC has directed

the appellants/writ petitioners to submit an application for

construction of a compound wall through their online portal which

would then be considered in accordance with the GHMC Act and the

Building rules. Learned counsel states that there is no requirement in

law to seek prior permission from the GHMC to raise a barbed wire

fencing on the parcel of land, but the constant obstruction by the Field

Officers of the GHMC had compelled the appellants/writ petitioners

to file the writ petition.

6. Though learned counsel for the respondents/GHMC claims that

there is some civil dispute in respect of the subject land, he is unable

to furnish any material particulars.

7. Learned counsel for the appellants/writ petitioners vehemently

disputes the aforesaid submission and states that there is no civil

dispute in respect of the subject land.

8. In view of the limited relief sought by the appellants/writ

petitioners, the present appeal is disposed of with liberty granted to

the appellants/writ petitioners to put up a barbed wire fencing around

the subject land on their own expense and risk. In the event any

grievance is raised in the future by a third party in respect of the

subject land or the fencing raised around it by the appellants/writ

petitioners, they shall be at liberty to seek appropriate legal recourse.

9. The appeal is disposed of along with the pending applications,

if any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J 13.08.2021 ES/PLN