IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL, TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 19214 of 2007 Between: M/s.Santhi Sikhara Apartments Welfare Association (Regd.No.2427), D2-G-30, Rajbhavan Road, Somajiguda, Hyderabad represented by its President, B.Venkat Reddy, s/o Papi Reddy, r/o Santhi Sikhara Apartments, Rajabhavan Road, Somajiguda, Hyderabad. ..... PETITIONER AND 1 Municipal Corporation of Hyderabad represented by its Commissioner. 2 The Assistant City Planner, Municipal Corporation of Hyderabad, Town Planning Section, Circle V, Khairatabad, Hyderabad. 3 M/s.Virgo Constructions, represented by its Managing Partner Sri B.N.Reddy, s/o late B.Ramachandra Reddy, having its office at 6-1-1063/B/3, Rajbhavan Road, Hyderabad. 4 Sri Ch.Mahadevan, r/o D1-G-3, Santhisikhara Apartments, Somajiguda, Hyderabad. 5 Smt.P.Parijatha, w/o Manmadhan Reddy, r/o D1-G-4, Santhisikhara Apartments, Somajiguda, Hyderabad. 6 Rajendra Prasad, M/s.Kamala Constructions, D1-G-5, Santhisikhara Apartments, Somajiguda, Hyderabad. 7 P.Ram Chandram, s/o P.Nageshwar, r/o D1-G-6 & G8, Santhisikhara Apartments, Somajiguda, Hyderabad. 8 C.Ramesh, D1-G-7, Santhisikhara Apartments, Somajiguda, Hyderabad. 9 C.Ramoji Rao, M/s.Eenadu Television, D1-G-9, 10, 17, 18 & 19, Santhisikhara Apartments, Somajiguda, Hyderabad. 10 A.Ramesh, s/o Yadagiri, r/o D1-G-14, Santhisikhara Apartments, Somajiguda, Hyderabad. 11 B.N.Sridhar, s/o B.Narayana Swamy, r/o D1-G-15, Santhisikhara Apartments, Somajiguda, Hyderabad. 12 M/s.S.P.Diagnosis, Medical Agency, d2-G-21, Santhisikhara Apartments, Somajiguda, Hyderabad. 13 Mohd.Yousuf, s/o Osman, Santhisikhara Apartments, Somajiguda, Hyderabad. 14 Smt.Vardhanamma, w/o Subba Rao, r/o D1-G-23, Santhisikhara Apartments, Somajiguda, Hyderabad. 15 Nirmala, w/o Anand, r/o D2-G-24, Santhisikhara Apartments, Somajiguda, Hyderabad. 16 M/s.Computer Clinic Computer Repairing Centre, D2-G-25, Santhisikhara Apartments, Somajiguda, Hyderabad. 17 M/s.Mettalica Suppliers, Furniture Godown, D2-G-26, Santhisikhara Apartments, Somajiguda, Hyderabad. 18 G.S.K.Satya Prasad, s/o Suryanarayana, r/o D2-G-27, Santhisikhara Apartments, Somajiguda, Hyderabad. 19 J.Sivaram Krishna, s/o late Jayant Paradesh, r/o D2-G-28, Santhisikhara Apartments, Somajiguda, Hyderabad. 20 M/s.Johnson Office Lift Material Godown, D2-G-29, Santhisikhara Apartments, Somajiguda, Hyderabad. 21 P.L.N.Reddy, r/o D2-G-31, Santhisikhara Apartments, Somajiguda, Hyderabad. 22 T.Manga Thayaru, w/o Mahesh, r/o D2-G-32, Santhisikhara Apartments, Somajiguda, Hyderabad. 23 Laxman Aelay, s/o Chandraiah, r/o D3-G-33 & 34, Santhisikhara Apartments, Somajiguda, Hyderabad. 24 Smt.Neelam Sri Ravi, w/o late N.Ravi Kumar, r/o D3-G-35 & 36, Santhisikhara Apartments, Somajiguda, Hyderabad. 25 Smt.Neeta Taneja, w/o Mahesh, r/o D3-G-37, Santhisikhara Apartments, Somajiguda, Hyderabad. 26 Pantoss, r/o D3-G-38 & 39, Santhisikhara Apartments, Somajiguda, Hyderabad. 27 Thakur Mahesh Singh, s/o late T.Jhader Singh, r/o D3-G-40, Santhisikhara Apartments, Somajiguda, Hyderabad. 28 C.Madhavi Latha, Tilinga Studio, D3-G-41, 42 & 43, Santhisikhara Apartments, Somajiguda, Hyderabad. 29 Papa Rao, s/o Krishna Murthy, D3-G-44, Santhisikhara Apartments, Somajiguda, Hyderabad. 30 M/s.Metallic Systems Furniture Office, D3-G-45, Santhisikhara Apartments, Somajiguda, Hyderabad. 31 B.Jayashree, w/o Venkataramana, r/o D3-G-46 & 47, Santhisikhara Apartments, Somajiguda, Hyderabad. 32 M/s.Adarsha Chreche, Small Children Chreche, D3-G-48, Santhisikhara Apartments, Somajiguda, Hyderabad. 33 A.Dhanunjaiah, s/o Yadagiri, r/o D4-G-39, Sanmthisikhara Apartments, Somajiguda, Hyderabad. 34 D.S.Tiwari, s/o S.N.Tiwari, r/o D4-G-50, Santhisikhara Apartments, Somajiguda, Hyderabad. 35 Rajesh, s/o Motilal, r/o D4-G-51, Santhisikhara Apartments, Somajiguda, Hyderabad. 36 Krishna Reddy, s/o Sri Reddy, R/o D2-G-52, Santhisikhara Apartments, Somajiguda, Hyderabad. 37 Smt.P.Indira, w/o P.V.Saibaba, r/o D4-G-53 & 54, Santhisikhara Apartments, Somajiguda, Hyderabad. 38 Anil Kumar Dasheri, D4-G-56, Santhisikhara Apartments, Somajiguda, Hyderabad. 39 Shankar, Yalamati Security Services, D4-G-57 & 58, Santhisikhara Apartments, Somajiguda, Hyderabad. 40 V.Srihari, s/o V.Devaiah, r/o D4-G-59, Santhisikhara Apartments, Somajiguda, Hyderabad. 41 B.Madhusudhan, s/o Yadagiri, r/o D4-G-60, Santhisikhara Apartments, Somajiguda, Hyderabad. 42 Sanjay Thakur, r/o D4-G-61 & 62, Santhisikhara Apartments, Somajiguda, Hyderabad. 43 B.Shobha, w/o Madhusudhan, r/o D4-G-63, Santhisikhara Apartments, Somajiguda, Hyderabad. 44 Umar Bava Teekay, s/o Bava Abdul Khadar, r/o B-23, 100 & 101, Santhisikhara Apartments, Somajiguda, Hyderabad. 45 G.Srinivasa Reddy, s/o Goverdhan Reddy, R/o B-86, 87 & 88, Santhisikhara Apartments, Somajiguda, Hyderabad. 46 B.Narasimha Reddy, r/o B-90, Santhisikhara Apartments, Somajiguda, Hyderabad. 47 B.Rama Rao, s/o Koteswara Rao, r/o B-90, Santhisikhara Apartments, Somajiguda, Hyderabad. 48 Sterling Raju, Home Needs, Kirana Shop, B-91, Santhisikhara Apartments, Somajiguda, Hyderabad. 49 K.Janardhan Reddy, s/o Ramreddy, r/o B-93 & 94, Santhisikhara Apartments, Somajiguda, Hyderabad. 50 Sri Devi Rao, B-96, Santhisikhara Apartments, Somajiguda, Hyderabad. 51 Layeeka Sulthana, w/o Abdul Rahman, r/o B-98, Santhisikhara Apartments, Somajiguda, Hyderabad. 52 M.A.Rahim, Cloth Shop, B-99, Santhisikhara Apartments, Somajiguda, Hyderabad. 53 M/s.Stop & Shop, Godown, B-101, Santhisikhara Apartments, Somajiguda, Hyderabad. 54 Davinder Singh, s/o late Mohinder Singh, r/o B-103 & 104, Santhisikhara Apartments, Somajiguda, Hyderabad. 55 P.A.R.S., Subrahmanyam, s/o late P.V.V.S.N.Murthy, R/o B-105 to 107, Santhisikhara Apartments, Somajiguda, Hyderabad. 56 R.Rajasekhar, Uranus Corporate Services (P) Ltd., C-68, Santhisikhara Apartments, Somajiguda, Hyderabad. 57 P.Janardhan Reddy, s/o Narayana Reddy, r/o C-72 & 73, Santhisikhara Apartments, Somajiguda, Hyderabad. 58 B.Murahari Goud, s/o Venkata Molu Goud, r/o C-74, Santhisikhara Apartments, Somajiguda, Hyderabad. 59 B.Aditya, r/o C-77, Santhisikhara Apartments, Somajiguda, Hyderabad. 60 Narasimha Sastry, s/o Ramaiah, r/o C-64 & 65, Santhisikhara Apartments, Somajiguda, Hyderabad. 61 M/sd.Johnson Lifts Limited, C-66, Santhisikhara Apartments, Somajiguda, Hyderabad. 62 Raju, resident of C-67, Santhisikhara Apartments, Somajiguda, Hyderabad. 63 G.Srinivasa Rao, resident of C-69, Santhisikhara Apartments, Somajiguda, Hyderabad. 64 C.J.Reddy, Tarangini Video Studio C-85 to 88, Santhisikhara Apartments, Somajiguda, Hyderabad. 65 K.Leela, w/o K.Ravi Teja, r/o C-70, Santhisikhara Apartments, Somajiguda, Hyderabad. .....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 writ of mandamus or any other writ, order or orders declaring the action of the 1st & 2nd respondents in not taking steps for removal/pulling out/demolition of all the garages in the stilt area within Santhi Sikhara Apartments as per their notice issued under Section 636 of HMC Act, vide letter No.746/ACP/C5/TPS/2006, dated 25-5-2006, as illegal, arbitrary and to direct the 1st and 2nd respondents to take necessary steps immediately for the removal/demolition/pulling down all the garages of the respondents 4 to 62 in the stilt area within Santhi Sikhara Apartments and to pass such other order or orders as the Honourable Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.A.TULSI RAJ GOKUL Counsel for the Respondent No.: SMT.KALPANA EKBOTE WRIT PETITION NO : 23347 of 2007 Between: 1 Davinder Singh S/o Late Mohinder Singh R/o B-103 & 104, Shantisikhara Apartments, Somajiguda, Hyderabad. 2 P.A.R.S. Subrahmanyam S/o Late P.V.V.S.N. Murthy, Viswanathan Ganesan, R/o B-105 to 107 Shantisikhara Apartmens, Somajiguda, Hyderabad. 3 G. Srinivas Reddy S/o Goverdhan Reddy R/o B-86 to 88, Shantisikhara Apartments, Somajiguda, Hyderabad. 4 K. Janardhan Reddy S/o Ramreddy R/o B-93 & 94, Shantisikhara Apartments, Somajiguda, Hyderabad. 5 Layeeka Sulthana W/o Abdul Rahman, R/o B-98 Shantisikhara Apartments, Somajiguda, Hyderabad. 6 B. Rama Rao S/o B. Koteswar Rao C/o Ranjit Kumar B-90 Shantishikara Apts, Somajiguda, Hyderabad. 7 P. Janardhana Reddy S/o Narayana Reddy, R/o C.72& 73 Shantishikara Apts, Somajiguda, Hyderabad. 8 B. Murahari Goud S/o Venkata Molu Goud, R/o C-74 Shantishikara apts, somajiguda,Hyderabad. 9 P. Ram Chandram S/o P. Nageshwar R/o D1-6&8, Shantisikhara Apartments, Somajiguda, Hyderabad. 10 Mrs. Vardhanamma W/o Subba Rao R/o D1-23,, Shantisikhara Apartments, Somajiguda, Hyderabad. 11 B.N. Sridhar S/o B. narayana Swamy R/o D1-15, Shantisikhara Apartments, Somajiguda, Hyderabad. 12 A. Ramesh S/o Yadagiri r/o D1-14, Shantishikara Apartments, Somajiguda, Hyderabad. 13 Mohd Yusuf S/o Osman r/o D2-22, Shantishikara Apartments, Somajiguda, Hyderabad 14 Nirmala W/o Anand, r/o D2-24, Shantishikara Apartments, Somajiguda, Hyderabad 15 J. Sivaram Krishna S/o Late Jayant Paradesh, r/o D2-28, Shantishikara Apartments, Somajiguda, Hyderabad 16 T. Manga Thayaru W/o Mahesh r/o D2-32, Shantishikara Apartments, Somajiguda, Hyderabad 17 G.S. Satya Prasad S/o Suryanarayna r/o D2-27, Shantishikara Apartments, Somajiguda, Hyderabad 18 Neeta Taneja W/o Ashok Taneja r/o D3-37, Shantishikara Apartments, Somajiguda, Hyderabad 19 Laxman Aelay S/o Chandraiah r/o D3-33 & 34, Shantishikara Apartments, Somajiguda, Hyderabad 20 B. Jayashree W/o Venkat Ramana r/o D3-46& 47,, Shantishikara Apartments, Somajiguda, Hyderabad 21 Papa Rao S/o Krishna Murthy R/o D3-44, Shantishikara Apartments, Somajiguda, Hyderabad. 22 Thakur Mahesh Singh S/o Late. T. Jhader Singh R/o D3-40, Shantisikhar Apartments, Somajiguda Hyderabad. 23 A. Dhanujaiah S/o yadagiri r/o D4-49, Shantishikara Apartments, Somajiguda, Hyderabad 24 Krishna Reddy S/o Sri Reddy r/o D4-52, Shantishikara Apartments, Somajiguda, Hyderabad 25 D. S. Tiwari S/o S.N. Tiwari R/o D4-50, Shantishikhara Apartments, Somajiguda, Hyderabad. 26 Rajesh S/o Motilal r/o D4-51, Shantishikara Apartments, Somajiguda, Hyderabad 27 Rajendra Prasad, S/o Satya Prasad R/o D1-G5, Shantishikhara Apartments Somajiguda, Hyderabad 28 A. Ramesh S/o Yadagiri, R/o D1-G14, Shantishikhara Apartments Somajiguda, Hyderabad 29 C. Madhavi Late D/o V. Rao R/o D3-G41, 42 and 43 Shantishikhara Apartments, Somajiguda, Hyderabad. 30 Smt. G. Leelavathi W/o G. Ashok R/o D3-G45 Shantishikhara Apartments Somajiguda, Hyderabad. 31 Anil Kumar Desheri S/o D. Kumar, r/o D4-G56 Shantishikhara Apartments, Somajiguda, Hyderabad. 32 Shankar S/o narayana R/o D4-G55 & 58, Shantishikhara Apartments, Somajuguda, Hyderabad. 33 V.Sreehari S/o V. Devaiah, R/o D4-G59, Shantishikhara Apartments, Somajuguda, Hyderabad. 34 B. Madhusudhan S/o Yadagiri R/o D4-G60, Shantishikhara Apartments, Somajuguda, Hyderabad. 35 Sanjay Thakur S/o V. Thakur R/o D4-G61 & 62,, Shantishikhara Apartments, Somajuguda, Hyderabad. 36 B. Sobha W/o Madhusudhan R/o D4-G63, Shantishikhara Apartments, Somajuguda, Hyderabad. 37 SMP Janardhan Reddy S/o SMP Venkata Reddy R/o B-91, Shantishikhara Apartments, Somajuguda, Hyderabad. 38 Layeeka Sulthana W/o Abdul Rehman R/o B-98, Shantishikhara Apartments, Somajiguda, Hyderabad. 39 M.A. Rahim S/o Mohd Akbar R/o B-99 Shantishikhara Apartments, Somajiguda, Hyderabad. 40 B. Aditya S/o Ramesh R/o C-77, Shantishikhara Apartmetns, Somajuguda, Hyderabad. 41 Sridevi Rao W/o C.V. Narayana Rao R/o B-96, Shantishikhara Apartments, Somajiguda Hyderabad. ..... PETITIONERS AND 1 The Greater Hyderabd Municipal Corportion, Hyderabad repby its Commissioner. 2 The Assistant City Planner, the Greater Hyderabad Municipal Corporation, Town Planning Section, Circle-V, Khairatabad, Hyderabad. 3 M/s. Shantisikhara Apartments Welfare Association, D2-G30 Rajbhavan Road, Somajiguda, Hyderabad rep by its President. .....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 or direction declaring the notice issued by the 1st respondent in Letter No. 746/ACP/C5/TPS/2006 dated 25-5-2006 as illegal, arbitrary and violation of Principles of natural justice and pass such other or further orders as the Hon'ble Court feels deem fit and proper in the facts and circumstances of the case. Counsel for the Petitioners: MR.O.MANOHER REDDY Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following: COMMON ORAL ORDER: The first of these writ petitions is by an Apartments Welfare Association representing the interests of the owners and residents of flats in M/s. Santhi Sikhara Apartments, Rajabhavan Road, Somajiguda, Hyderabad (for short ‘the Apartments’). This writ petition is for a declaration that the action of the respondent Nos. 1 and 2, the Greater Hyderabad Municipal Corporation in failing to take steps for removal of all the garages in the stilt area within the Apartments complex pursuant to the notice issued under Section 636 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) is illegal and arbitrary and for a consequential direction to the official respondents to take expeditious steps for demolition of garages put up by the respondent Nos. 4 to 62 in the stilt area within the Apartments complex. The other writ petition is by forty one (41) persons, some of whom are the party respondents in the earlier writ petition – W.P.23347 of 2007. In W.P.No.23347 of 2007. These petitioners assail the notice dated 25-05-2006 issued by the Corporation under Section 636 of the Act directing demolition of unauthorized constructions in the cellar/stilt area of the Apartments complex, meant for open parking as per the sanctioned plan. W.P.No.19214 of 2007:- The petitioner-Association alleges that initially during the years 1998-99, the third respondent-the builder of the Apartments complex sold only flats in various blocks to the purchasers, but not the parking space or the parking area. Despite this, the cellar area in the ground floor in each block is specified and earmarked exclusively for the purpose of ‘open parking’ as per the approved building permission. The third respondent-builder however sold the parking space to several persons other than the flat owners viz., respondent Nos. 4 to 65, who purchased the ‘parking place’ and put them to commercial use, in violation of Rule 12 of the Multi Storied Buildings Regulations, 1981 and the Urban Development Authority Zoning Regulations, 1981. The petitioner-Association alleges that about 107 garages were built and put to commercial use in which the respondent Nos. 4 to 65 are running several businesses thus denying and depriving the resident flat owners of parking space besides subjecting them to severe constraints of space, egress and ingress and ambience. The generic grievance in this writ petition is to the inaction or slow track execution of official obligations qua the obligations enjoined by the provisions of the Act to move against unauthorized structures. Two counter affidavits have been filed – one by the Commissioner of the Corporation and the other by the Assistant City Planner, Circle-V. To the extent relevant and necessary for the purposes of the lis involved in this writ petition, the counter affidavits aver that the Corporation had granted permission for construction of commercial and residential blocks and as per the sanctioned plan the cellar area of the Apartments is meant for ‘open parking’. While these respondents are not aware whether the third respondent-builder sold only the flats without parking space, the fact is that ‘parking area’ was converted partly for residential and commercial use, contrary to the terms of the building permission. The counter affidavit admits the writ allegation that parking space in the cellar of the Apartments has been converted for residential and commercial use contrary to the terms and specifications of the permission granted for the building. Responding to the allegation of inaction, the counter affidavit states that notices were issued under Section 636 of the Act in 2006. However, the owners/occupants of the ‘parking area’ filed W.P.No. 4471 of 2006 and this Court set aside the notice and directed the Corporation to treat the notice issued under Section 636 of the Act as ‘show cause notice’; to consider the objections of the noticees and proceed further. It is also stated that some of the unauthorized occupants of the ‘parking space’ viz., M/s. Prime Trust Finance Limited filed O.S.No. 211 of 2006 before the Vacation Civil Judge and obtained an order of injunction in respect of the premises bearing No. B-105 to 107. Similarly, Mr. Devender Singh and others filed O.S.No.248 of 2006 on the file of Vacation Civil Judge and obtained an injunction order in respect of other premises bearing Nos.B- 103 and 104. According to the counter, the Corporation is pursuing the litigation. In paragraph No.11 of the counter affidavit by the Assistant City Planner, Sri S.A. Sami, it is clearly and categorically asserted that no construction in the parking space could be authorized or regularized even according to the provisions of G.O.Ms.No.419 of 1998 as well as under the A.P. Regularization of Unauthorized Constructions in Municipal Corporations, Municipalities and Urban Development Authorities Act, 2003. The 22nd respondent in W.P.No.19214 of 2007 has filed a counter affidavit. To the extent relevant, this counter affidavit asserts that the third respondent-builder had earmarked an extent of 43% of the total area of the Apartments premises for the purpose of car and scooter parking and had also provided open space for parking of 100 cars and 95 scooters. An extent of 1200 square yards was left open towards recreational zone for the residents of the flats. It is also pleaded that though in all about 118 garages were constructed in the Apartments, only twenty (20) garages were purchased by the flat owners. According to the deponent of this affidavit, she purchased the closed garage space and is running a tailoring shop thereat. Other respondents are pursuing several other businesses like advocate’s office, Charted Accountant Office etc., It is further asserted that the petitioner- Association is also collecting maintenance charges from the garage owners and has also collected deposits of Rs.3,000-00 towards electricity and another sum of Rs.3,000-00 for water. In summation, the counter affidavit states that the occupants of the flats are economically small and marginal persons eking livelihood and ought not to be displaced. It requires to be noticed that none of the respondents No.4 to 65 assert that the third respondent-builder or any flat owner has a right to dispose of the area meant for open parking space and for purposes other than parking. It need not be overemphasized that the expression ‘open parking space’ when employed by the Municipal Corporation to characterize the user of the cellar space, cannot be creatively employed to mean parking of wares for vending or enclosure by walls for the pursuit of business. Building regulations and the terms and conditions of a building permission granted by a local authority are policy expressions of habitat requirement. Where the cellar space is characterized, as in this case, exclusively for open parking, it denotes a declaration by the regulator/legal authority that this space should and can only be employed only for parking and without enclosing the spaces. This declaration is binding and obligatory on all who come into a legal relationship with the premises in question. This includes the owners, purchasers or occupants of the flats and persons who purchase the parking area as well. Even if an outsider not being a resident of the complex may purchase the parking area, he cannot employ the cellar space for purposes other than parking. The building permission granted in respect of the premises wherein the entire cellar space is permitted only as an open parking space defines the permitted user of the cellar during the entire life time of the superstructure and no person can convey title to the cellar space in a manner that extinguishes the condition and discreption of the permitted purposes for which the cellar space may be used. On the above analysis, the contentions urged on behalf of the respondent Nos. 4 to 65 that they had purchased the parking space would not immunize them from the obligation to keep the parking space in the cellar level unhindered. All enclosures of the open parking space shall have to be demolished. The procedural ritual has been followed in abundant measure. Initially under Section 636 of the Act, notices were issued which were challenged. As already noticed above, this Court had directed that notice under Section 636 of the Act should be considered as show cause notice and further steps should be pursued thereafter and that procedure has also been complied with. The respondent Nos. 4 to 65 had adequate and abundant sensitization of the proposals of the Greater Hyderabad Municipal Corporation towards demolition of the unauthorized structures. Neither in response to those notices nor in this writ petition by way of a counter affidavit, do the respondent Nos. 4 to 65 offer any legal justification for the unauthorized conversion of open parking space into commercial or residential uses, to the detriment not only of the habitants of the Apartments complex but the general community in the locality as well. The Corporation has pleaded that in the extant legislative setting there is no provision for regularizing unauthorized constructions in cellar areas which are exclusively meant for parking. Normally Municipalities and Municipal Corporations are perceived in practice to be sympathetic to unauthorized constructions. Even so the respondent Corporation is unable to ignore the scale of deviance by the respondent Nos. 4 to 65. The unauthorized structures in the cellar areas of Kanthi Sikhara Apartments cannot therefore be upheld under law. Since the Greater Hyderabad Municipal Corporation is seen to have now initiated appropriate and prompt steps for demolition of the unlawful structures in the cellar portions and to have woken up though belatedly to its statutory obligations unhindered by misplaced sympathy towards unauthorized structures, no specific relief need be granted in this writ petition. The writ petition is accordingly dismissed. No costs. W.P.No.23347 of 2007: As already noticed in brief herein above, the singular contention of the petitioners herein packaged in eleven (11) paragraphs is that the notices issued by the Corporation under Section 636 of the Act are unsustainable. This contention is projected in several ways. At one level the petitioners contend that since they have been using these unauthorized structures for over twenty years, the Corporation is not justified in issuing the notice, some sort of a plea of limitation. At another level, the petitioners contend that the spaces are being used for several purposes, a store room, servant room, some of them as offices like advocate’s office, Chartered Accountant’s office and a few as commercial establishments such as Kirana, Hair cutting saloon, vegetable shop, tailoring shop etc., These shops are catering to the needs of the residents of the flats and therefore they ought not to be disturbed. These are arguments and contentions that have no legal basis. The issue is not whether the occupations and avocations of the petitioners are legitimate. The issue is only whether open parking space can be employed for the purposes other than parking. Every activity of the petitioners, either using the space as residence, office or for other business subverts the “open parking area” user of the cellar for which purpose alone permission has been sanctioned by the Corporation. Any user in contravention of what is specified in the building permission would be an unlawful user. The Corporation has already taken the clear and inflexible stand that enclosure of the cellar spaces or non-parking user can neither been regularized nor ignored by the Corporation, consistent with its statutory obligations under the provisions of the Act. The petitioners’ claim to long user is an assertion in fact having no legal significance. The petitioners do not assert by reference to any legal provision that long unauthorized user legitimizes the unauthorized structures. Since according to the Corporation (a contention that has not been contested by the petitioners herein) the cellar in the Apartments complex was sanctioned only as open parking area, no enclosure of such open parking area is permissible. Enclosure of the open parking spaces and employment of these for offices or other commercial purposes, is unauthorized and will have to be demolished. The fact even if true, that some of the owners of the flats have collected electricity and maintenance charges from the petitioners will not legitimize the unauthorized conversion of open parking area. If the petitioners herein are aggrieved that without any legal entitlement either the owners of some of the flats or the third respondent-builder or some others have sold the open parking space to these petitioners and thereby cheated them, it is always open to the petitioners to pursue appropriate civil or criminal proceedings against the vendors. The urban habitat within the Greater Hyderabad Municipal Corporation cannot survive accelerating and rampaging illegal structures. In a contest between environment and ecology on the one hand and the mushrooming illegal constructions on the other, the societal choice is clear. ‘Concrete’ claims will have to yield to inter- generational ecological values. The writ petition must fail and is accordingly dismissed. No costs. In the result both the writ petitions are dismissed. No costs. ________________________ GODA RAGHURAM, J Dated: 01-04-2008 pvks