THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.11849 of 2014 Dated : 17.04.2014 Between:
Ravi Sharma, S/o Mahadev Sharma, 35 yrs., Business, R/o 286, Comsary Bazar, Bowenpally, Secunderabad.
.. Petitioner And The Secunderabad Cantonment Board, rep. by Its Chief Executive Officer, Sardar Patel Road, Court Compound, Secunderabad.
.. Respondent This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.11849 of 2014 ORDER :
The petitioner claims to be the owner and possessor of premises bearing No.1-1-
49 (old No.52/A) admeasuring 46 square yards situated at Comsary Bazar, New Bowenpally, Secunderabad. The petitioner purchased the property by way of registered sale deed dated 03.01.2013. As the building is in dilapidated condition, petitioner intended to remove the existing structure to construct a new building. Accordingly, the petitioner applied to the Cantonment Board for sanction of approval. However, the Cantonment Board having come to know that the petitioner was undertaking construction even before sanction was granted to him, in exercise of power under Section 249 of the Cantonment Act seized the property and sealed the building. Aggrieved thereby, this writ petition is instituted.
2. Learned Standing Counsel representing the respondent Board submits that since illegally the petitioner was undertaking construction even before sanctions were granted to prevent such construction, the property was seized and seal was imposed.
3. Learned counsel for the petitioner submits that the petitioner was not undertaking any construction and the petitioner shall undertake construction only after appropriate permission was granted to him and therefore, the seals may be removed.
4. Learned Standing Counsel submits that subject to the recording of such contention, the Cantonment Board shall remove the seals and hand over the possession of the property to the petitioner.
5. Having regard to the submissions made, the respondent-Cantonment Board is directed to remove the seals and hand over the possession of the property to the petitioner subject to the condition of petitioner filing an undertaking before the Cantonment Board that until appropriate orders are passed by the competent authority on his application for construction in the premises bearing No.1-1-49 (old No.52/A) admeasuring 46 square yards situated at Comsary Bazar, New Bowenpally, Secunderabad, he would not undertake any construction and he would keep the existing property as it is.
6. The Writ Petition is disposed of accordingly. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date : 17.04.2014 ssp