THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.31540 OF 2010 DATED 14TH DECEMBER, 2010 BETWEEN K.Jayalakshmi … Petitioner And The Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad, rep. by its Commissioner and another. … Respondent THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.31540 OF 2010 ORDER: The petitioner is aggrieved by the action of the respondent authorities in issuing notice dated 13.12.2010 under Section 636 of the Greater Hyderabad Municipal Corporation Act, 1955 (for brevity, ‘the Act of 1955’) calling upon her to remove the unauthorized constructions made by her on the third floor of the building at premises No.7-1-309/57, Swamy Enclave, S.R.Nagar, Hyderabad, failing which action was proposed to be taken within 24 hours. Admittedly, the petitioner’s application dated 15.07.2008 under the Building Penalization Scheme of 2008 is pending consideration. Earlier, this Court had occasion to deal with the matter in Writ Petition No.26608 of 2010. The order dated 27.10.2010 passed in the said writ petition is placed on record and indicates that the learned Judge, taking note of the pendency of the application, directed the respondents not to take any steps for demolition of the structures raised on the third floor by the petitioner till her application was disposed of. The learned Judge made it clear that the petitioner should not make any further constructions on the third floor and that in the event the existing structures on the third floor were not regularized as per her application dated 15.07.2008, it was open to the respondents to take steps in accordance with law. Dr.Y.Padmavathi, learned standing counsel appearing for the Greater Hyderabad Municipal Corporation (GHMC), admitted that the application dated 15.07.2008 made by the petitioner is still pending consideration. That being so, in the light of the order passed by this Court in the earlier writ petition, it is not open to the GHMC to resort to any steps for demolition of the structures on the third floor. It is only after the passing of orders upon the said application that the GHMC can take necessary steps with regard to the structures on the third floor after giving due opportunity to the petitioner as per law. That stage is yet to arise. In that view of the matter, the notice dated 13.12.2010 issued under Section 636 of the Act of 1955 is unsustainable and is accordingly set aside. It is however made clear that the petitioner shall not resort to make any further constructions on the third floor and shall await the consideration of her application filed under the Building Penalization Scheme of 2008. The respondents are directed to consider the same and pass appropriate orders thereupon in accordance with law expeditiously and in any event not later than two (2) months from the date of receipt of a copy of this order. In the event the structures on the third floor are not regularized under the said Scheme, it shall be open to the GHMC to initiate appropriate action in accordance with law in respect thereof. The Writ Petition is disposed of at the stage of admission with the above directions. No order as to costs. ____________________ SANJAY KUMAR, J. 14TH DECEMBER, 2010. VGSR/PGS