THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.17199 OF 2010 Dated: 25.04.2011 Between: Madhu Kumar ..... PETITIONER AND 1. The Commissioner, GHMC, Govt. of A.P., Hyderabad and 2 others. .....RESPONDENTS THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.17199 OF 2010 ORDER : This writ petition is filed aggrieved by the Letter dated 21/23-06-2010 issued by the Commissioner, Greater Hyderabad Municipal Corporation (GHMC), informing the petitioner that a representation was received from the local Corporator stating that the petitioner was making construction in Sy.No.51 encroaching into FTL area and buffer zone of a tank called Pedda Cheruvu and calling upon the petitioner to obtain No Objection Certificate (NOC) from the Collector, R.R. District as decided by the Lake Protection Committee in its recent meeting and directing the petitioner to stop the construction in the meanwhile. A counter-affidavit has been filed by the Chief City Planner, Greater Hyderabad Municipal Corporation stating that as per the approved Master Plan vide G.O.Ms.No.288, M.A., dated 3.4.2008, the HMDA issued the Land Use Certificate, dated 11.8.2008 stating that major part of Sy.No.51/1 falls under Residential Use Zone and minor part under Commercial Use Zone which is partly affected by water body. It is also stated that the site in question falls in Residential Use Zone where construction of residential flats are permitted. So far as the complaint on the basis of which the impugned notice was issued to the petitioner is concerned, it is stated in the counter-affidavit that in terms of G.O.Ms.No.157, M.A., dated 6.4.2010, a Lake Protection Committee was formed and as a precautionary measure the petitioner was directed to obtain NOC from the revenue authorities to ascertain whether the site falls in FTL as alleged by the complainant. I have heard the learned counsel for both parties. During the course of arguments, Sri C. Damodar Reddy, the learned Standing Counsel appearing for the Corporation has brought to the notice of this Court certain subsequent developments, particularly the joint inspection conducted by the Deputy Executive Engineer of the Corporation and the Deputy Collector. The learned Standing Counsel has also placed before this Court a copy of the Letter dated 1.4.2011 addressed by the Superintending Engineer, Hyderabad Lakes & Water Bodies Management Circle, Secunderabad to the Chief City Planner, GHMC, Hyderabad stating that in the joint inspection it was found that certain excavated foundation trenches were made within the FTL of the tank in question. A copy of the said letter has also been furnished to the learned counsel for the petitioner. Having regard to the subsequent developments, without going into the merits of the case the petitioner is hereby permitted to submit his objections to the findings recorded in the joint inspection before the Commissioner, GHMC within two weeks from today. On receipt of such objections, the Commissioner shall make the necessary enquiry after due notice to all the parties concerned, pass appropriate orders in accordance with law within four weeks thereafter. Writ Petition is accordingly disposed of. No costs. _____________ G. ROHINI, J Dt: 25.04.2011 gbs