THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.27115 OF 2011 ORDER: This writ petition is filed seeking to issue writ of Mandamus directing respondent Nos.1 and 2 not to allow any illegal and unlawful constructions/alterations that are presently being carried out on the premises bearing Municipal No.15-8-514/10 and 15-8-514/A/8 situated at Feelkhana, Begum Bazar, Hyderabad 500012 without obtaining any sanction or permission from respondent Nos.1 and 2. 2. The case of the petitioner, in brief, is that he is the original, sole and absolute owner of premises bearing municipal Nos.15-8- 514/2 to 10 (ground floor) and 15-8-514/A/1 to 15-8-514/A/24 (consisting of 1st, 2nd and 3rd floors) totally admeasuring 299.60 sq.yds situated at Feelkhana, Begum Bazar, Hyderabad 500012. He sold certain portions of the schedule property to various individuals and respondent No.3 is one of among them. Respondent No.3 is the absolute owner of a portion in the schedule property bearing Municipal Nos.15-8-514/10 and 15-8-514/A/8 consisting of ground and first floor totally admeasuring approximately 540 sq.ft in the schedule property. Respondent No.3 carried out certain illegal constructions on the said property without taking any sanction from the concerned Municipal Authorities, and with the changes that were being carried out, there is peril to the whole structure. The schedule property is an old building consisting of ground +3 floors constructed in late 1960’s and the original sanction plan was accorded by the then Municipal Authority of Hyderabad. The petitioner is the immediate neighbour of respondent No.3 having his portion exactly adjacent to the respondent No.3’s portion in the same said schedule building. Respondent No.3 carried out major changes in the old and weak schedule building without either informing the remaining owners of the scheduled property or by applying/obtaining any prior sanction from the concerned municipal authorities, and he has illegally demolished the roof pertaining to his portions along with the common area such as the balcony on the elevation. Though the petitioner made several representations to the concerned municipal authorities, there is no use. He also made a representation, dated 20.09.2011, to the concerned Circle Inspector of Police, Shah-Inayat Gunj Police Station, Hyderabad. Hence, the writ petition. 3. Learned Counsel for the petitioner contended that illegal constructions are made on the premises in question without there being any sanction from the Municipal Corporation and hence, he prays to issue a Mandamus directing respondent Nos.1 and 2 to take action for unauthorized or illegal constructions made on the premises in question; and hence, prays to allow the writ petition. 4. On the other hand, learned Standing Counsel appearing for respondent Nos.1 and 2 contended that as respondent No.3 has not obtained any permission from the Municipal Corporation, the Corporation has issued a notice calling respondent No.3 to produce the permission, if any, for making constructions and the Corporation would act in accordance with the law. 5. Learned counsel appearing for respondent No.3 stated that respondent No.3 is not making any new constructions but the changes made were only a renovation to the old building and therefore, sanction from the Municipal Corporation is not necessary. 6. Whether the action of respondent No.3 in making constructions or alterations to the existing building requires any permission from the Municipal Corporation or not has to be decided by respondent Nos.1 and 2 in accordance with law. Already, respondent Nos.1 and 2 initiated action against respondent No.3. After receiving an explanation from respondent No.3, appropriate decision has to be taken by respondent No.2 or its authorized officer in accordance with law. Section 452(1)(a)(b) of the Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’) reads as under: Proceedings to be taken in respect of building or work commenced contrary to Act or bye-laws:- (1) If the erection of any building or the execution of any such work as is described in Section 433 is commenced or carried out contrary to the provisions of this Act or bye-laws made thereunder, the Commissioner, unless he deems it necessary to take proceedings in respect of such building or work under Section 426 shall- (a) by written notice, require the person who is erecting or re-erecting such building or executing such work or has erected or re-erected such building or executed such work, on or before such day as shall be specified in such notice, by a statement in writing subscribed by him or by an agent duly authorized by him in that behalf and addressed to the Commissioner, to show sufficient cause why such building or work shall not be removed, altered or pulled down; or (b) shall require the said person on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorized by him in that behalf, to show sufficient cause why such building or work shall not be removed, altered or pulled down.” The above provision makes it clear that the Commissioner may remove, alter or pull down the building or work after giving a reasonable opportunity to the petitioner, if erection of building or execution of any work is contrary to Act or bye-laws made thereunder. Therefore, necessary written notice under Section 452 of the Act shall be issued to respondent No.3 and after receiving an explanation from respondent No.3, appropriate decision shall be taken by respondent No.2 or its authorized officer in accordance with law. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ___________________ JUSTICE K.C.BHANU 24th October, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.27115 OF 2011 Date: 24.10.2011 AMD