THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.23612 of 2007 ORDER: The Municipal Corporation, Nellore issued notice, dated 20.07.2006 to the fourth respondent under Section 452 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) pointing out deviations from the sanctioned plan. The petitioners are said to be the owners of the neighbouring flats. Their grievance is that respondents 1 and 2 have not taken any action further action. Heard learned counsel for the petitioners and learned Standing counsel for respondents 1 and 2. Respondents 1 and 2 have initiated steps under the Act since they came to know the deviations on the part of the fourth respondent. Had the state of affairs remained same, respondents 1 and 2 would have been under obligation to take the matter further, such as, by issuing notice under Section 636 of the Act etc. During the pendency of the writ petition, the Government introduced Building Penalization Scheme (BPS) enabling the owners of the constructions made in deviation from the sanctioned plan or without sanction at all, to seek regularization. It is brought to the notice of this Court that the fourth respondent has filed such an application. The scheme itself mandates that whenever an application for regularization is filed, further punitive action be withheld. This Court is of the view that the interest of the petitioners can be protected by enabling them to submit their objections before the concerned authority. Hence, the writ petition is disposed of leaving it open to the petitioners to submit their objections/representations before the concerned authorities, vis-à-vis the application submitted by the fourth respondent for regularization. The same shall be taken into account by respondents 1 and 2 before any order is passed on the applications submitted by the petitioners. There shall be no order as to costs. ______________________ (L. Narasimha Reddy, J.) 4th November, 2009 Js.