HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8175 of 2004 Date : 10.08.2009 Between : S.D.Giridhar. …..Petitioner And The Commissioner, Municipal Corporation of Hyderabad & 2 others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8175 of 2004 ORDER : In this writ petition, the petitioner seeks declaration to declare the action of respondents in taking steps for demolition of the first floor in the premises bearing Municipal No.16-11-16/T/7 in Plot No.7/B, situated at Teegalaguda village in Moosarambag, Hyderabad, as illegal and arbitrary. 2. Petitioner is the owner of a residential site in Plot No.7/B in the premises bearing Municipal No.16-11- 16/T/7, admeasuring 120 square yards, equivalent to 104 square metres, situated at Teegalaguda village of Moosarambag, Hyderabad. The petitioner has made constructions in the above said plot in the ground floor, without taking any prior permission as required under the provisions of the Hyderabad Municipal Corporation Act, 1955. After the constructions are over and when an application was filed for regularisation of the structures, the same were regularised on the ground floor, by proceedings bearing No.76/6940, dated 22nd of August 1997. Again, the petitioner has started constructions on the first floor without any permission, and apprehending demolition of such constructions, he has approached this Court by filing this writ petition, and obtained interim orders for stay of demolition. It is the case of the petitioner that respondents are taking steps for demolition, illegally. 3. In the counter affidavit filed on behalf of respondents 1 and 2, while stating that the structures on the ground floor were regularised, it is further stated that when the petitioner has attempted to construct first floor also, by raising pillors without obtaining any permission, and when the officials of the respondent-Corporation have stopped such constructions, apprehending demolition, the petitioner has filed this writ petition and obtained interim orders. 4. There is no denial of the averments made in the counter that there was a move by the petitioner for making constructions on the first floor and raising of pillors to that effect, for the said purpose. As admittedly there is no permission for the first floor, the petitioner could not have made any constructions on the first floor. However, it is submitted by the learned counsel for petitioner that pursuant to the amendments made to the Hyderabad Municipal Corporation Act, 1955, he has filed an application by paying necessary fee, for regularisation of the structures on the first floor also. The matter was adjourned on the last occasion, to enable the learned counsel for petitioner to produce the material in proof of filing of such application. Inspite of giving such opportunity, no material is placed before this Court in proof of filing application for regularisation of structures in the first floor. 5. In the absence of any valid permission for making construction on the first floor, I do not find any illegality in the attempted move by the 1st respondent-Commissioner for demolition of the structures. 6. In the aforesaid circumstances, I dispose of the writ petition, directing the respondents not to remove the unauthorised constructions made by the petitioner, without following due process of law. It is also made clear that if the petitioner has filed any application for regularisation, it is open for the petitioner to appraise the respondents about filing of such application for regularisation. On filing such material, it is open to the respondents to pass appropriate orders. 7. Subject to above directions, the writ petition is disposed of. No order as to costs. ______________ R.SUBHASH REDDY, J 10th August 2009 ajr