THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.20905 of 2007 Date:02.11.2009 Between: Shibas Glen Apartment Owners’ Association. ..Petitioner and The Greater Hyderabad Municipal Corporation and others. .. Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.20905 of 2007 ORDER: The petitioner is an association of owners of apartments in a complex known as Shibas Glen Apartment in house No.6-3-986 to 996, Kapadia Lane, Somajiguda, Hyderabad. The case of the petitioner is that initially the complex was constructed with ground plus five floors on the basis of permission accorded by the Municipal Corporation and thereafter two floors were permitted. Taking advantage of the deviation of the sanctioned plan, respondent Nos.3 to 6 are said to have constructed pent house in 7th floor and thereafter added two more floors, apart from converting a part of the parking area into a shop. The complaint is that repeated representations were made to respondent Nos.1 and 2, but no action has been taken thereon. Heard the learned counsel for the petitioner and the learned counsel for the respondents. This Court passed interim orders at various stages, duly taking into account the contentions advanced by the parties. An important development has taken place during the pendency of the writ petition. The Government introduced a Building Penalization Scheme (BPS) providing for regularization of unauthorized constructions, subject to certain conditions. It is brought to the notice of this Court that respondent Nos.3 to 6 have submitted applications under BPS seeking regularization of their unauthorized construction. In that view of the matter, respondent Nos.1 and 2 cannot be required to proceed against respondent Nos.3 to 6 straight away. Much would depend upon the outcome of the applications submitted by respondent Nos.3 to 6. The petitioner can be permitted to put forward their grievance and contentions during the course of enquiry into the applications on behalf of respondent Nos.3 to 6. Hence, the Writ Petition is disposed of directing that it shall be open to the petitioner to file objections and representations before respondent Nos.1 and 2 in the context of extension of benefit of BPS to respondent Nos.3 to 6. The authority concerned shall take such objections into account before any final orders are passed. It shall be open to the petitioner to pursue the remedies depending upon the outcome of their objections/representations. It is directed that respondent Nos.3 to 6 shall not make any further construction over and above what are existing. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J 02nd November, 2009 GHN