IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1660 of 2014 Date: 30.12.2014 Between:
K. Saraswathi … Appellant And The Greater Hyderabad Municipal Corporation, Rep., by its Commissioner, Hyderabad & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1660 of 2014 JUDGMENT: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred by the 3rd respondent in the writ petition against the judgment and order of the learned Single Judge, whereby His Lordship was pleased to allow the writ petition, wherein the following prayer is made.
“… to issue an appropriate writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the first and second respondents in not taking any action for removal of unauthorized construction made by the third respondent as illegal and invalid and consequently direct the first and second respondents to remove the unauthorized constructions made on the fourth floor of KSR Complex situated at HIG 457, Phase VI, KPHB colony, Kukatpally, Hyderabad.”
The learned Single Judge on fact found that the fourth floor in this case was constructed without having any plan or sanction or permission whatsoever and such floor was used gainfully and profitably letting out to third parties. The appellant did not dispute the fact that there has been no sanction or permission.
In view of the above fact finding and the admitted position we are unable to interfere with the order of the learned Single Judge. Moreover, learned counsel appearing for the Corporation submits that action has been taken for demolition of the offending floor and such demolition is not complete. Obviously, when the Corporation authorities have taken action it will be completed in due course.
We do not want to interfere with the judgment and order of the learned Single Judge and accordingly, we dismiss the appeal. However, after demolition of the entire floor, it would be open for the appellant, if so advised, to apply for sanction of the additional floor in accordance with law, and the Corporation authorities, on receipt of such application, shall consider the same in accordance with law, after giving an opportunity of hearing to the appellant and also to the writ petitioners and take a decision within a period of six weeks from the date of receipt of a copy of the application. Notice shall also be given to all the persons concerned under the law. The municipal Corporation will not be prejudiced and influenced by the observations made by the learned Single Judge and proceed with the matter in accordance with law.
Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 30.12.2014 ES