THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.25071 OF 2009 18th November 2009 Between: N.Sunilkumar. …PETITIONER AND The Warangal Municipal Corporation at Matwada, Warangal City & District, rep.by its Commissioner and one other. …RESPONDENTS THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.25071 OF 2009 ORDER: The petitioner was issued a notice under Section 461 of the Hyderabad Municipal Corporation Act, 1955 {“the Act” for brevity}, directing him to explain as to why the unauthorized construction made by him over plot in Survey No.631 of Waddepally Village of Hanamkonda Revenue Mandal, Warrangal District, shall not be removed. The petitioner submitted a representation on 08.11.2009. On a consideration of the same, the Corporation issued notice under Section 636 of the Act on 03.11.2009. The same is challenged in this Writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. It is not denied that the petitioner made construction without obtaining permission from the Municipal Corporation. No application was filed for regularization under G.O.Ms.No.901 dated 31.12.2007. Therefore, the Corporation is left with no alternative, except to compel the petitioner to remove the construction. In the recent past, the A.P. State Legislation amended the Act by inserting Section 455-A. It enables the owner of any construction, which is made without permission, to seek regularization on payment of the stipulated fee and a penalty of 30%. It is also necessary to remove any portion, which is contrary to the Building Bye-laws. Even at this stage, the petitioner can avail that remedy. Hence, the Writ Petition is disposed of, directing that (a) It shall be open to the petitioner to submit an application under Section 455-A of the Act, duly remitting the requisite amounts, within a period of four {4} weeks from today; (b) In case, an application is filed seeking regularization under that provision, the respondents shall consider the same, in accordance with law and appropriate orders be passed, within a period of four {4} weeks thereafter; (c) Further steps in pursuance of the impugned notice shall be deferred pending consideration of the application; and (d) However, if no application is filed within four {4} weeks, as indicted above, it shall be open to the respondents to take action in pursuance of the impugned notice. There shall be no order as to costs. _____________________ (L.NARASIMHA REDDY, J) 18th November 2009 Note: CC in three days B/O RRB