HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.29609 of 2011 ORDER: 1. This Writ Petition is filed for the following substantial reliefs: (a) Declaring that the construction of ground and first floor on site admeasuring 84 square meters bearing Door No.12-2-563/54/1, Gudimalkapur, Hyderabad, is deemed to have been approved in terms of Rules 1 and 2 of Rationalization of Floor Area Ratio and other Standards of Building Requirements Rules framed vide G.O.Ms.No.423, MA and UD (M1) Department, dated 31.07.1998 and Section 437 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’); and (b) to direct respondent Nos.2 and 3 to forthwith refrain from interfering with the right of the petitioner to make construction of the petitioner’s house at Door No.12-2-563/54/1, Gudimalkapur, Hyderabad, totally admeasuring 84 square yards.” 2. The brief facts of the case that are necessary for disposal of the Writ Petition may be as follows: - The petitioner claims to be the owner of the aforesaid house property having purchased the same under registered sale deed, dated 05.02.2004. Thereafter, he demolished the existing house on 29.08.2011 to construct a new house comprising of ground and first floor. It is averred that immediately, he filed proof of ownership and the drawings of the proposed construction with the Greater Hyderabad Municipal Corporation on 01.09.2011 in terms of Rule 1 of Rationalization of Floor Area Ratio and other Standards of Building Requirements Rules (for short ‘the Building Requirements Rules’) framed vide G.O.Ms.No.423, MA and UD (M1) Department, dated 31.07.1998. It is the further case of the petitioner that Rule 2 of the Building Requirements Rules mandates that if the building application has not been disposed of within 15 days, then the permission is deemed to have been given. Accordingly, the petitioner started construction of his house on 09.10.2011, as the respondents-Corporation did not communicate him about the rejection of his application till date. It is further alleged that on 18.10.2011, the officials of the respondent-Corporation approached the site of construction and restrained him from proceeding ahead with the construction of his house, aggrieved by which action, he filed the present Writ Petition. 3. Heard both sides. 4. Learned counsel for the petitioner contended that in view of the fact that the construction of the house is commenced on an extent of less than 100 square meters, no sanction for construction of building is necessary in terms of G.O.Ms.No.423, dated 31.07.1998; that the petitioner submitted an application on 09.09.2011 along with attested copy of the sale deed and plan to the respondent-Corporation, however, the competent authority has not approved the same within 30 days, therefore, it is a deemed sanction; and that the petitioner is entitled to construct the building as there are no deviations from the plan submitted by him to the respondents-Corporation. 5. On the other hand, learned Standing Counsel for the Greater Hyderabad Municipal Corporation appearing for the respondents contended that the plan has to be approved by the respondents-Corporation as per G.O.Ms.No.86, dated 03.03.2006; that no permission has been obtained by the petitioner before commencing the construction work in the site in question; that the petitioner has not submitted the application along with the required documents and has also not paid with requisite building fee for grant of permission, and therefore, Section 437 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) has no application and hence, he prays to dismiss the writ petition. 6. There cannot be any dispute that if a person wants to construct a building, he has to obtain building permission from the authority concerned for the same. The petitioner seems to have started making constructions in the site over an extent of 84 square meters without obtaining any permission from the respondents-Corporation. But, the petitioner’s case is that as the respondents have neither approved nor disapproved the plan within 30 days as required under law i.e., under Section 437 of the Act, he started construction of the house. 7. As seen from the application submitted by the petitioner to the respondents-Corporation, it could be seen that he enclosed only the self-attested copy of the sale deed and the plan. He has not paid any requisite building fees for the purpose of processing the same. There cannot be any dispute that Section 437 of the Act would come into play and attracts only when the application along with the plan and the required documents are submitted by paying the requisite building fee and there was inaction on the part of the respondents in sanctioning the plan within 30 days from the date of application. Such is not the case here. The petitioner submitted the application enclosing therewith the plan but he has not paid the requisite building fee, therefore, the question of commencing the construction under the guise of Section 437 of the Act does not arise. 8. For the foregoing reasons, the Writ Petition is devoid of merits and is, accordingly, dismissed. However, this order does not preclude the petitioner from making an application afresh along with the required documents by paying the requisite building fee as per law. There shall be no order as to costs. ____________________ JUSTICE K.C.BHANU 08th November 2011 DR