THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.8274 OF 2010 ORDER: Heard Sri P.Venugopal, learned counsel representing Sri G.Venkateswara Rao, Learned counsel for the petitioner and Sri R.Ramachandra Reddy, learned Standing Counsel for the GHMC and, at their request, the Writ Petition is taken up for disposal at the stage of admission. The notice issued to the petitioner, under Section 452 of the Greater Hyderabad Municipal Corporation Act, 1955 {“the Act” for brevity}, dated 09.04.2010, is under challenge in this Writ Petition. The petitioner had approached this Court earlier and, by order in Writ Petition No.32 of 2010 dated 11.03.2010, this Court permitted the petitioner to submit an application to the Commissioner seeking regularization of the construction made by him under Section 455-A of the Act. This Court held that, if any such application is made within three {3} weeks from the date of the order, the Commissioner shall consider the same under Section 455-A of the Act and pass orders thereupon in accordance with law. By the impugned notice dated 09.04.2010, the petitioner was informed that construction was carried out in the month of December, 2009 after the cut off date for regularization, i.e., 15.12.2007; his application could therefore not be considered; and that he should remove the unauthorized structures constructed in the rear open space of Flat No.104 B block, Ground Floor, Nandanam Apartments, within seven {7} days, failing which it would be removed departmentally without further notice and the expenses thereof would be recovered from him. Section 455-A of the Act relates to regularisation of buildings constructed without sanctioned plan and, thereunder, the Commissioner is empowered to regularize constructions made without obtaining a sanctioned plan subject to fulfillment of the conditions prescribed in clauses (a) to (c). Clause (a) requires the building plans to be duly submitted paying all categories of fees and charges. Clause (b) makes the construction eligible for regularisation provided that all the parameters laid down in relevant Statutes, Master Plan, Zonal development Plan, Building Bye-Laws, Building Rules and other relevant Government Orders including the Andhra Pradesh Fire Service Act, 1999 and the National building Code, are satisfied; and clause (c) relates to payment of penalty equal to 33% of the various categories of fees and charges payable by the applicant for obtaining building permission in addition to the regular fee and other charges payable. Section 455-A of the Act was inserted by A.P. Act 9 of 2008 [w.e.f. 15.12.2007]. There is no restriction thereunder that only those buildings constructed prior to 15.12.2007 would be entitled for regularization. In such circumstances, I consider appropriate to set aside the notice impugned in this Writ Petition and direct the first respondent to consider the petitioner’s application in the light of Section 455-A of the Act, including the conditions stipulated in clauses (a), (b) and (c) thereunder. The first respondent shall pass a reasoned order and communicate the same to the petitioner before taking any further action. Needless to state that till the petitioner’s application for regularization under Section 455-A of the Act is considered afresh, neither shall the respondent demolish the construction in question nor shall the petitioner make any further construction over the property. The Writ petition is, accordingly, disposed of. However, in the circumstances, without costs. _______________________ (RAMESH RANGANATHAN, J) 15th April 2010 Note: CC by one week B/O RRB