THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.20693 of 2007 ORDER: The petitioner claims to be a lessee in respect of premises bearing Door No.5/192 of Sali Street, Nellore. He filed this writ petition alleging that in the premises adjoining his residence, the 5th respondent has commenced construction of a multi-storied building in an area of about 1000 square yards. According to him, the 5th respondent deviated from the sanctioned plan and he is making construction. He further states that though the deviations are brought to the notice of respondents 1 to 4, no action has been taken against him. Respondents 6 to 16 are said to be purchasers of the flats in the complex. The 1st respondent filed a counter affidavit stating inter alia that the 5th respondent was accorded sanction for construction of ground plus four upper floors vide proceedings dated 20.12.2005 and that during the inspection, it was found that the 5th respondent made certain deviations in the matter of leaving set backs on all the four sides. The 5th respondent filed a counter affidavit stating that the deviations are trivial in nature and the steps are taken for regularization thereof. Heard the learned counsel for the petitioner, learned Standing Counsel for respondents 1 and 2, learned Standing Counsel for A.P.TRANSCO, learned counsel for respondent No.5 and the learned counsel for respondents 6 to 16. The petitioner does not even claim to be the owner of the premises, which are in the immediate neighbourhood of the site, on which the 5th respondent commenced construction. It is a matter of record that the 5th respondent obtained construction permission from the 1st respondent. In case, any deviations are noticed, it shall always be open to respondents 1 and 2 to take action. It is brought to the notice of this Court that the 1st respondent issued notice to the 5th respondent. It is not out of place to mention that the Government itself launched a scheme for regularization of constructions. Not only the instances of deviations from the approved plan but also constructions made without any permission are considered. In addition to that, the State Legislature introduced Section 455-A in the Hyderabad Municipal Corporation Act, 1955 for regularization, requiring the owners of the buildings to bring them in conformity with the stipulated bye-laws. An important aspect of the matter is that it is only a person who otherwise conforms to law, that can complain of deviation by another. If he is guilty of any deviation or unauthorized constructions, he cannot be conferred the luxury of taking others to task. The petitioner or his owner must prove their bona fides. Therefore, the writ petition is disposed of directing that respondents 1 and 2 shall verify whether the construction being undertaken by the 5th respondent is in deviation of the sanctioned plan. They shall also cause inspection of the premises in which the petitioner is residing or construction if any made by him and see whether any deviations are noticed. The further action shall be simultaneously initiated against the 5th respondent and the petitioner, if they are found to have deviated from the stipulated norms or sanctioned plan. The seal directed to be put by this Court on the premises shall be removed forthwith. There shall be no order as to costs. _________ 26.10.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.20693 of 2007 Date: 26.10.2009 JSU