HONOURABLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITON No.8654 OF 2011 ORDER: The 1st respondent issued notice under Section 432 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the HMC Act’) on 20-12-2010 to the petitioner, alleging that the petitioner is making an unauthorized construction of ground and 1st floors in premises bearing No.5-10-104, Jai Jawahar Nagar Colony, Yapral, Hyderabad. The petitioner submitted a reply on 10-03-2011. On consideration of the same, the 1st respondent issued a notice under Section 636 of the HMC Act, dated 28-03-2011, proposing to demolish the construction in question. The same is challenged in this writ petition. 2. The petitioner contends that except that repairs are being carried out to the existing premises, no fresh construction is being undertaken. Learned Standing Counsel for the Corporation obtained instructions at the admission stage, and filed material, which discloses that the petitioner is constructing a new building with ground and 1st floors. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 1st respondent and the learned Government Pleader for the 2nd respondent. 4. The contention of the petitioner that he is carrying out repairs to the existing old premises is not at all correct. The photographs placed before this Court by the petitioner as well as the 1st respondent disclose that an independent new building with ground and 1st floors is being constructed and roof was raised. Under these circumstances, no exception can be taken to the impugned notice. 5. Learned counsel for the petitioner submits that her client may be given an opportunity to seek relief under Section 455 A of the HMC Act. The said provision enables the owner of premises constructed without permission or any deviation of sanctioned plan to seek regularization on payment of some penalty as long as the construction is in conformity with the building bye-laws. 6. Hence, the Writ Petition is disposed of and; a. It shall be open to the petitioner to submit an application under Section 455 A of the Hyderabad Municipal Corporation Act, 1955 within a period of two (2) weeks from today. b. The 1st respondent shall pass orders therein, within a period of four (4) weeks thereafter. c. Till the orders are passed on the application so made, neither the petitioner shall proceed with the construction nor the 1st respondent shall demolish the same. 7. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J April 01, 2011 KTL