THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.26931 of 2009 ORDER: The petitioner claims to have submitted an application to the Municipal Corporation, Kadapa, respondent herein on 16.12.2006 with a request to accord permission to construct a house upon a site bearing plot No.17, Apsara Theatre to R.T.C. Bus Stand main road, N.G.O. Colony, Kadapa. His grievance is that no orders were passed on the application, though several years have elapsed. He also claims to have addressed a letter, dated 23.04.2008 and states that the respondent did not take any steps. Heard the learned counsel for the petitioner and the learned counsel for the respondent. The application said to have been made by the petitioner is for the permission to construct a house. Taking into account the fact that the Corporation may not act with the required amount of promptitude, the Legislature itself had incorporated Section 437 in the Hyderabad Municipal Corporation Act (for short ‘the Act’). It mandates that in case, the Corporation does not act on the application for a period of 30 days, the permission shall be deemed to have been accorded. The applicant can commence the construction after issuing notice under Section 440(1)(b) of the Act. When such is the facility created by the legislation, the petitioner does not have to wait for the response from the Corporation. Therefore, the writ petition is disposed of leaving it open to the petitioner to issue notice under Section 440(1) (b) of the Act and take further steps in accordance with law. It is also directed that the construction that may be made by the petitioner shall be strictly in accordance with the relevant building bye-laws. In case, the petitioner deviates from the plan or violates any building bye-law, it shall be open to the Corporation to take necessary action in accordance with law. There shall be no order as to costs. _________ 14.12.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.26931 of 2009 Date: 14.12.2009 JSU