HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos. 11572 and 11573 of 2008 DATED 24th November, 2014.
BETWEEN P. Satish Reddy and anr ….Petitioners in both WPs And The Greater Hyderabad Municipal Corporation, Hyderabad, rep. by its Commissioner and anr.
…Respondents in both WPs HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos. 11572 and 11573 of 2008
COMMON ORDER:
Heard learned Counsel for the petitioners and learned Standing Counsel for the respondents.
These two Writ Petitions are being disposed of by this common order in view of common issue raised therein.
The petitioners are the absolute owners and possessors of the house properties situated in Moula Ali, Malkajigiri, Ranga Reddy District as stated in their respective affidavits filed in support of the Writ Petitions. They constructed houses without obtaining any building permit. When the Government introduced Building Penalization Scheme vide G.O.Ms.No.901, dated 31.12.2007, the petitioners have applied under the said scheme for regularization of the constructions made by them. In the meanwhile, notices under Section 452 of the HMC Act were issued on 19.04.2008. The petitioners submitted their explanation on 5.5.2008 to the said notices. Without considering the said explanation, the respondents issued notice under Section 636 of HMC Act on 14.05.2008. In the meanwhile, the applications of the petitioners for regularization of their buildings under the Building Penalization Scheme were rejected. Challenging the same, the petitioners preferred statutory appeals before the Appellate Committee and the same are pending consideration.
In view of the pendency of the statutory appeals before the Appellate Committee, the respondents may not take any action pursuant to the notice issued under Section 636 of HMC Act till the disposal of the appeals. In view thereof, these Writ Petitions are disposed of directing the respondents not take any action for demolition of the buildings of the petitioners till the disposal of the statutory appeals preferred by them against the orders rejecting their applications submitted under Building Penalization Scheme.
The Writ Petitions are disposed of accordingly. Miscellaneous petitions pending consideration if any in the Writ Petitions shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 24th November, 2014. Msnrx