HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 11410` OF 2008 DATED 24th November, 2014.
BETWEEN Smt. Danda Sujatha ….Petitioner And The Greater Hyderabad Municipal Corporation, Hyderabad, rep. by its Commissioner and anr.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 11410 of 2008
ORDER:
Heard learned Counsel for the petitioner and learned Standing Counsel appearing for the respondents.
The petitioner is the absolute owner and possessor of house bearing No. 7-1-636 in Plot No. 24/B of Model Colony, near ESI, Hyderabad, having obtained the same under registered gift deed dated 9.6.1993. The said house property is in an extent of 231 square yards. She obtained permission from the respondent-Corporation for construction of Ground floor and first floor with compound wall vide permit dated 23.6.1994 and completed construction of house. However, due to family necessities, she constructed part of second floor and got regularized including the deviations under the Building Regularization Scheme vide permit No.1/9, dated 20.08.1996. Thereafter, she completed slab on the third floor without constructing walls in the year 2007. Meanwhile the Government issued G.O.Ms.No.901, dated 31.12.2007 enabling regularization of constructions made in deviation and the petitioner submitted her application on 29.4.2008 under the said scheme along with plan. While so, at the instance of a local person, the first respondent issued notice under Section 452 of HMC Act, dated 5.5.2008 and the petitioner submitted her explanation on 19.05.2008. Apprehending demolition of house property without considering the explanation submitted to the show cause notice dated 5.5.2008, the petitioner filed the present Writ Petition.
Inasmuch as the petitioner already submitted her explanation on 19.05.2008 pursuant to the notice issued by the respondent on 5.5.2008 under Section 452 of HMC Act and further, her application for penalization of building is pending consideration, this Writ Petition is disposed of directing the respondents to consider her explanation dated 19.05.2008 and building penalization application and pass appropriate orders thereon with in a period of three months from the date of receipt of a copy of this order. Till then no coercive steps shall be taken against the petitioner in respect of the property in question.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 24th November, 2014. Msnrx