HON'BLE SRI JUSTICE R. SUBHASH REDDY REVIEW W.P.M.P.6637 OF 2010 IN WRIT PETITION NO :26804 of 2009 Dated: 28.6.2010 Between:
Tirumala Towers Flat Owners Association ..PETITIONER Vs.
1. Greater Hyderabad Municipal Corporation & others.
.. RESPONDENTS HON'BLE SRI JUSTICE R. SUBHASH REDDY REVIEW W.P.M.P.6637 OF 2010 IN WRIT PETITION NO :26804 of 2009 ORDER:
In this review W.P.M.P., the review petitioner seeks to review the order of this Court, dated 29.1.2010 passed in W.P.No:26804 of 2009.
In the writ petition, it was the grievance of the petitioner, which is a Flat Owners Association that inspite of their representation with regard to the illegal constructions made in the parking area in stilt of Tirumala Towers, no action was taken by the respondents-Municipal Corporation.
When it was brought to the notice of this Court that already proceedings were initiated by issuing necessary notice for removal of the unauthorized constructions, earlier writ petition was disposed of.
Even with regard to the complaint of the petitioner’s association, there was a ditch/pit excavated by respondents-2 and 3, there was an assurance by the counsel for the respondents that proper steps would be taken to fill it up.
Recording such statement and in view of the action taken by the Municipal Corporation, the writ petition was disposed of.
In this review petition, it is the contention of the petitioner that all the violations which are complained to the 1st respondent were not adverted to in the notice issued by the Corporation.
What are all authorized and what are all not authorized, it is for the respondent-Corporation to indicate in the notice. After taking action, if any further unauthorized structures exist, it is open for the petitioner to bring to the notice of the respondents. But, only on the ground that the unauthorized constructions, which are complained by the petitioner, were not stated in the notice, the same is no reason to seek review of the order. However, it is open for the petitioner to file an appropriate application in case unauthorized constructions were not covered by the notice already complied with.
The review W.P. M.P is disposed of accordingly.
Justice R. Subhash Reddy Dated: 28.6.2010 Gurc.
HON'BLE SRI JUSTICE R. SUBHASH REDDY REVIEW W.P.M.P.6637 OF 2010 IN WRIT PETITION NO :26804 of 2009 28.6.2010