THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.648 of 2009 ORDER: The petitioner claims to be the owner of premises bearing Nos.7-2-700, 701 & 702, situated at Pot Market, Secunderabad. He constructed a building comprising of ground, Mezzanine, first and second floors and submitted an application on 18.07.2008 in terms of G.O.Ms.No.901 MA dated 31.12.2007 for regularization under Building Penalization Scheme (BPS). Even while the application is pending, he is said to have commenced construction of third floor. At that stage, the respondents interfered and demolished the third floor. This writ petition is filed with a prayer to direct the respondents not to interfere with the building constructed by the petitioner and to consider the application submitted by him under BPS scheme. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. The petitioner appears to have derived inspiration to make construction without permission, since the substantial portion of the construction, viz., ground mezzanine, first and second floors, were not touched by the respondents. The BPS scheme became handy for the petitioner to seek regularization. His ambition did not stay. Even while the application was pending, he started construction of third floor. At least, at a belated stage, the respondents have sprung into action and rightly demolished the construction virtually being made unauthorisedly. Now that the application submitted by the petitioner for regularization of ground, mezzanine, first and second floors is pending, the respondents may consider the same on its own merits. At the same time the petitioner shall not be entitled to make any construction without specific permission from the Corporation. Hence, the writ petition is disposed of directing that – a) The respondent shall consider the application of the petitioner for regularization of the unauthorized construction in terms of the BPS scheme. b) The petitioner shall not be entitled to make any construction over the existing building without specific permission from the Corporation. c) The petitioner shall be entitled to use the premises strictly in accordance with law, if it is for commercial purpose it shall be only after obtaining permission from the concerned officials. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J 12th November, 2009 Note: C.C. in one week (B/o) Js.