HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.12831 of 2006
Date: April 21, 2014
Between:
Garden Towers Owners’ Society, Hyderabad, represented by S.A.Y. Jafferi.
… Petitioner And
1. The Commissioner, Municipal Corporation of Hyderabad, Hyderabad & 2 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.12831 of 2006
O R D E R:
Heard learned counsel for the petitioner, learned standing counsel for the first respondent and the learned counsel for the 3rd respondent.
2. The petitioner is a society of the flat owners in the premises bearing Nos.10-5-24/A, 10-5-24/B, 10-5-24/2, 10-5-24/4, 10-5-24/6/A, 10-5-24/8, 10-5-24/8/A, 10-5-24, 10-5-24/3, 10-5-24/5, 10-5-24/5/A, 10-5-24/7 and 10-5-
24/7/A, situated at Masab Tank, Hyderabad, which was developed by the 3rd respondent. The 3rd respondent constructed three blocks in the aforesaid premises naming them as Canna Block, Mahar Block and Rose Block under the name of Garden Towers and were sold to individual purchasers. On the basis of news item published in newspapers on 07.02.2005, this Court took up the news item as a case in W.P.No.26365 of 2005 and disposed of it on 16.02.2006 directing the respondents to provide fire safety measures under Andhra Pradesh Fire Services Act, 1999 and/or the National Building Code. The petitioner also filed W.P. No.8043 of 2005 against respondents 1 to 3 to stop unauthorized constructions made by the 3rd respondent. After filing of the said writ petition, the first respondent issued a notice to the 3rd respondent. The 3rd respondent obtained permission for construction of ground + 6 floors for all the three blocks of Garden Towers Apartments from the MCH under Permit No.32/72 dated 01.12.1988. Thereafter, he approached the first respondent with a revised plan and the same was sanctioned on 27.03.1990. Under the revised plan, the 3rd respondent was permitted to raise constructions of ground + 7 floors and the stilt floor was earmarked for parking. When the 3rd respondent did not take steps in safety measures even after the direction in W.P. No. 26365 of 2005 on 16.02.2006, this writ petition was filed.
3. The first respondent filed a counter-affidavit and it is not necessary to traverse the same in view of the counter- affidavit filed by the 3rd respondent enclosing a copy of the letter addressed by the Director General of State Disaster Response and Fire Services, Andhra Pradesh, Hyderabad, in Rc.No.8944/A2/2010 in January 2011 to the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad, issuing a No Objection Certificate for occupancy to existing multi-storeyed building M/s. Garden Towers D.No.10-5-24/A,B & 24/2 to 8 situated at Ahmed Nagar, Masab Tank, Hyderabad. The said certificate was issued subject to the conditions mentioned therein. It was also stated therein that the application was processed and approved under the provisions of G.O.Ms.No.154, MA & UD, Department, dated 13.03.2007 and any discrepancy in the claim of the builder would render the No Objection Certificate for occupancy invalid.
4. In view of issuance of the No Objection Certificate by the competent authority, the grievance of the petitioner is met and no further orders are necessary in the present writ petition. Learned counsel for the petitioner fairly admits the same.
5. In view of the counter-affidavit filed by the 3rd respondent enclosing the said certificate, the writ petition is closed. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: April 21, 2014 BSB
65 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.12831 of 2006
Date: April 21, 2014
BSB