IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2067 OF 2003 Between: 1 M. Jathan Raj Jain, S/o. late A. Madan Raj Jain, R/o. 5-3-314, Jeera, Secunderabad. 2 M. Vinay Raj Jain, S/o. late A. Madan Raj Jain, R/o. 5-3-314, Jeera, Secunderabad. 3 M. Jithender Raj Jain, S/o. late A. Madan Raj Jain, R/o. 5-3-314, Jeera, Secunderabad. .... PETITIONERS AND 1 The Commissioner , Municipal Corporation of Hyderabad, Hyderabad. 2 The Additional Commissioner , M. C. H. Secunderabad Divin, Secunderabad. ....RESPONDENTS Petition Under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of mandamus or any other appropriate writ, order or direction; ( a ) By declaring the action of the Respondents in not serving the notice personally or through post and in pasting the same outside our property and in trying to demolish our property within 24 hours time as illegal and unconstitutional, ( b ) To Direct the respondents not to demolish the Petitioners property bearing No; 5--3-- 34 on plot No; 15, situated at Jeera, Secunderabad without passing final orders to their explanation, dated 19-12-2002 and without giving prior notice as per law by giving ample time and opportunity. ( c ) To direct the Respondent to regularise the construction of two portions on the roof of the third floor and the cellar and other minor deviations in the interest of the justice by collecting the compounding fee or by regularising the same. Counsel for the Petitioner : SRI WASIM AHMED KHAN Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : O R D E R: This Writ Petition is filed in 2003 alleging that the respondents were taking steps for demolition of the structures constructed by the petitioners in the premises bearing No.5-3-34 on plot No. 15, situated at Jeera, Secunderabad. The petitioners have obtained permission for construction of ground plus three upper floors in the aforesaid premises. On the ground that they have constructed cellar and part of the fourth floor unauthorisedly, in deviation of the sanctioned plan, respondents issued notice to the petitioners as contemplated under Section 452 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘HMC Act’). It is the grievance of the petitioners that though they have filed explanation to the notice, respondents, without passing final orders, are taking steps for demolition of the structures. At the stage of admission, this court by order dated 03-02-2003, directed both the parties to maintain status quo and by further orders dated 13-02-2003 and 18-02-2003, extended the status quo order. The said interim order is in force all along. No counter affidavit is filed on behalf of the respondents though the writ petition is of 2003. When the matter is taken up, it is submitted by the learned counsel for the petitioners that, in view of the amendments made to the HMC Act, by which the respondents are empowered to regularize the structures in view of the Rules framed under G.O.Ms.No.901, dated 31.12.2007, the petitioners have applied for regularization of the unauthorized structures by paying necessary fee of Rs.1,18,000/-. It is further submitted that the application filed by the petitioners on 04-03- 2008 is still pending consideration. As much as the amendments made to the HMC Act are upheld by a Division Bench of this court and in view of the pendency of the application of the petitioner for regulairzation of the unauthorized structures, the respondents are directed not to take any steps for demolition of the structures, which are alleged to have been made in deviation of the sanctioned plan, until appropriate action is taken on the application of the petitioner dated 04-03-2008. If for any reason, the structures raised by the petitioners in the premises bearing No.5-3-34 on plot No.15, situated at Jeera, Secunderabad are not regularized, it is open for the respondents to take steps for removal of the unauthorised structures by issuing notice and following the procedure contemplated under the HMC Act. Subject to the above directions, the Writ Petition is disposed of. No order as to costs. _________________________ R. SUBHASH REDDY, J June 23, 2009. YVL