THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.17374 of 2007 ORDER: The petitioners are the purchasers of various flats in S.R’s Sai Residency, Hastinapuri Colony, Secunderabad, constructed by the third respondent. Alleging that the flats purchased by the petitioners were constructed in deviation of the sanctioned plan, respondents 1 and 2 issued notices under Section 636 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’). The petitioners challenge the respective notices issued to them. Heard learned counsel for the petitioners and learned counsel for the respondents. Once respondents 1 and 2 noticed that any construction is made either without permission or in deviation of the sanctioned plan, they not only have a right but also are under obligation to proceed against the violators. This Court cannot express any opinion or view as regards the nature of violation. The matters of that nature need recording of evidence and appreciation thereof. During the pendency of the writ petition, the Government has introduced Building Penalization Scheme through G.O.Ms.No.901 dated 31.12.2007, which enables the owners of the buildings and structures constructed without sanctioned plan or any deviation thereof, to seek regularization. It is brought to the notice of this Court that the petitioners have already filed applications under the said scheme. The G.O. itself directs that as long as the application is pending, steps for demolition shall not be taken. Hence, the writ petition is disposed of leaving it open to the petitioner to pursue the applications filed by them under the Building Penalization Scheme. There shall be no order as to costs. ______________________ (L. Narasimha Reddy, J.) 4th November, 2009 Js.