IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA Writ Petition Nos : 15289, 15633 and 15948 of 2009 Writ Petition No.15289 of 2009 Between: Mohd.Mahmood ..... PETITIONERS AND The Greater Hyderabad Municipal Corpoation, rep.by its Commissioner, Tank Bund, Hyderabad and others. .....RESPONDENTS Writ Petition No.15633 of 2009 Between: Mohd.Mohsin ..... PETITIONERS AND The Greater Hyderabad Municipal Corpoation, rep.by its Commissioner, Tank Bund, Hyderabad and others. .....RESPONDENTS Writ Petition No.15948 of 2009 Between: Mohd.Aslam ..... PETITIONERS AND The Greater Hyderabad Municipal Corpoation, rep.by its Commissioner, Tank Bund, Hyderabad and others. .....RESPONDENTS Common Order: As these writ petitions are inter-connected and relate to the same subject matter, they are taken up together for hearing and are being disposed of by this common order. The petitioners in W.P.Nos.15289 and 15633 of 2009 claim to be brothers. They filed those writ petitions aggrieved by the action of the respondent-GHMC in not taking action against the unauthorized constructions being carried on by the unofficial respondent, namely, Mohd.Aslam, in premises bearing Municipal No.20-4-232/9/A situated at Khilwath, Hyderabad; while W.P.No.15948 of 2009 is filed by Mr.Mohd.Aslam, aggrieved by the action of the respondent-GHMC in not releasing the sanctioned plan in his favour for construction of residential building in the premises admeasuring 245.7 sq.yards bearing H.No.20- 4-232/9/A situated at Khilwath, Hyderabad and interfering with the construction being undertaken by him under deemed provisions of the Hyderabad Municipal Corporation Act, 1955. A detailed counter affidavit has been filed by the respondent- GHMC in W.P.No.15948 of 2009, denying the allegations and stating that the application submitted by the petitioner seeking building permission for construction of a residential building in the subject premises was rejected on 12.05.2009 on the ground that the site on which he proposed to construct building is going to be affected under the proposed 40’ wide road as per ZDP-X to an extent of 34.08 sq.yards or 29.50 sq.meters to the depth of 6-3’ to 5-0’ width of 55’-0” so as to achieve 40’-0” road, and the rejected order was communicated to the petitioner. It is also stated that on receipt of the rejection order, dated 12.05.2009, the petitioner has submitted revised plan on 29.05.2009, which was also rejected on 26.06.2009 and the same was also communicated to the petitioner within the statutory period of 30 days and therefore, the contention of the petitioner that he made constructions under deemed provisions of the Act is not correct. It is further stated that in spite of rejection of the revised plan submitted by the petitioner, he has raised RCC columns and made preparations for centering work which is under progress, without maintaining a single inch, all around the set backs. Therefore, the respondent-GHMC issued a show cause notice on 16.07.2009 as to why the unauthorized constructions should not be removed, for which, the petitioner submitted his explanation on 20.07.2009 and the matter is pending. While the matter stood thus, the petitioners in W.P.Nos.15289 and 15633 of 2009 entered into a compromise with Mr.Mohd.Aslam (petitioner in W.P.No.15948 of 2009) and sought to withdraw the writ petitions filed by them. Here it is to be noted that W.P.Nos.15289 and 15633 of 2009 are filed by the petitioners against the respondent-GHMC and one Mr.Mohd.Aslam-fourth respondent, a private individual, complaining that the GHMC failed to take any action on the unauthorized constructions being carried on by the fourth respondent in the subject premises, in spite of several complaints being made in this regard. Now, they filed affidavits into the Court stating that they entered into a compromise with the fourth respondent and in view of the same, they would like to withdraw the writ petitions. However, such a compromise entered into between the private parties cannot bind the GHMC, being a public authority, vested with the power of approving plans, granting construction permissions and ensuring that the constructions are made as per the approved plan, and is therefore they are at liberty to take action on the unauthorized constructions, if any, being made in the subject premises, in accordance with law. Subject to the above, W.P.Nos.15289 and 15633 of 2009 are liable to be dismissed as withdrawn. Accordingly, there are dismissed as withdrawn. Insofar as W.P.No.15948 of 2009 is concerned, it is stated that the respondent-GHMC has already given show-cause notice, dated 16.07.2009, to the petitioner as regards the unauthorized constructions, for which, the petitioner has also submitted his explanation on 20.07.2009, and the matter is pending with the GHMC. In the circumstances, without expressing any opinion on merits of the matter, I direct the respondent-GHMC to consider the explanation submitted by the petitioner on 20.07.2009, and pass appropriate orders, and then take action in accordance therewith. Till then, status quo existing as on date shall be maintained. Accordingly, W.P.No.15948 of 2009 is disposed of. No costs. ___________________ N.V. RAMANA, J. Date:18.11.2009 VGB