THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NOS.21063 AND 21069 OF 2010 DATED 13TH DECEMBER, 2010 BETWEEN Dr.M.A.Nayeem … Petitioner And The Greater Hyderabad Municipal Corporation (GHMC), Tank Bund, Hyderabad, represented by its Commissioner. And Others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NOS.21063 AND 21069 OF 2010 COMMON ORDER: The petitioner assails the notices dated 13.08.2010 issued by the Greater Hyderabad Municipal Corporation (GHMC) under Section 636 of the Greater Hyderabad Municipal Corporation Act, 1955 (for brevity, ‘the Act of 1955’). By the said notices, the petitioner was directed to remove the unauthorized structures in the stilt floor parking area within three days failing which the GHMC threatened action as per the provisions of the Act of 1955. Admittedly, these notices were not preceded by notices under Section 452 of the Act of 1955. The reference portion of the impugned notices reflects that based upon the orders passed by this Court, the said action was initiated. This, by itself, would not mean that the GHMC should ignore the procedure prescribed under the Act of 1955 and resort to action without giving due opportunity to the affected party. Sri Nazir Ahmed Khan, learned counsel for the petitioner, would contend that the so-called unauthorized structures have already been regularized under the Building Regularization Scheme and would therefore not qualify as ‘unauthorized structures’ warranting action under Section 636 of the Act of 1955. Without going into the merits, this Court is inclined to set aside the impugned notice dated 13.08.2010 on the ground that the petitioner was not put on notice under Section 452 of the Act of 1955 prior to the finding of the GHMC to the effect that the construction was unauthorized. The impugned notices are accordingly set aside. As the implead petitioner, who has come on record as the fourth respondent in the writ petitions, claimed that their interests are adversely affected by the alleged unauthorized construction of the petitioner, the GHMC shall initiate action in accordance with the procedure prescribed by the Act of 1955 and take necessary action in the matter after giving due opportunity to the petitioner. The Writ Petitions are disposed of at the stage of admission with the above directions. There shall be no order as to costs. ____________________ SANJAY KUMAR, J. 13TH DECEMBER, 2010. VGSR/PGS