IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27861 of 2008 Between: 1 Master Sheraz Ahmed, S/o. Ayaz Ahmed, Rep by their Father Ayaz Ahmed, S/o. Late Shail Mohammed, aged about 39 years, R/o. 8- 2- 350/5/A, Road No.3, Banjara Hills, Hyderabad. 2 Baby Zinaz Ahmed, D/o. Ayaz Ahmed, Rep by their Father Ayaz Ahmed, S/o. Late Shail Mohammed, aged about 39 years, R/o. 8-2-350/5/A, Road No.3, Banjara Hills, Hyderabad. 3 Baby Rukhnaza Ahmed, D/o. ayaz Ahmed, Rep by their Father Ayaz Ahmed, S/o. Late Shail Mohammed, aged about 39 years, R/o. 8- 2- 350/5/A, Road No.3, Banjara Hills, Hyderabad. ..... PETITIONER(S) AND 1 Greater Hyderabad Municipal Corporation, Rep by its Chief Commissioner, Tank Bunk, Hyderabad. 2 Asst. City Planner, Circle-10(old Circle - 5) Municipal Corporation of Hyderabad, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to demolish the Flat No.s E1, E2 & E-3 in premises No.8-2-350/5/A, SMV Vallay view, road No.3 , Banjara Hills, Hyderabad, inspite of application under BPS vide file No,.BPS/10632/BPS/8- 2/CX/C-2/2008, File.No.BPS/10635/BPS/8-2/CX/C-2, and File.No.BPS/10639/BPS/8-2/CX/C-2 are pending, as illegal, arbitrary and violative of principles of natural justice consequently seeking directing to respondents not demolish pending disposal of the applications under BPS Scheme and to pass Counsel for the Petitioner:MR.SREENIVASA RAO VELIVELA Counsel for the Respondent No.: (SC FOR MCH CIRCLES 3&5) KALPANA EKBOTE The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.27861 of 2008 ORDER: According to the petitioners, they are the owners of duplex house in fourth/fifth floor admeasuring 2000 Sq. yards bearing flat No.E-1, whereas petitioners 2 and 3 are owners of E-2 and E-3 respectively with similar extents in premises No.8-2-350/5/A, SM.V. Vallay View, Road No.3, Banjara Hills, Hyderabad. According to them they acquired the said property vide gift deeds dated 27.01.2003 and it is their case that they constructed the building by obtaining necessary permission from the respondent authorities vide permission 2/86 dated 11.02.2000. As there are certain deviations, they gave applications dated 30.04.2008 in terms of G.O. Ms.No.112 MA dated 31-01- 2008 and G.O.Ms.No.272 MA dated 28.03.2008 requesting the authorities to regularize the said construction. But, however, no action has been initiated. Further, according to the petitioners, though the said applications filed under the Andhra Pradesh Regulation and Penalisation of Unauthorizedly constructed buildings and building constructed in deviation of the Sanctioned Plan Rules, 2007 are pending, the authorities visited the petitioners and stated that they would demolish the structures as the same are not in accordance with the approved plan. Apprehending demolition, the petitioners approached this Court and filed the present Writ Petition. Heard both sides. Apparently, the Government itself has introduced two schemes known as the Andhra Pradesh Regulation and Penalisation of Unauthorizedly constructed buildings and building constructed in deviation of the Sanctioned Plan Rules, 2007. However, it is not for this court to look into the question whether there are any deviations in the constructions made by the petitioners or not. As the petitioners had already given applications on 30.04.2008 requesting the authorities to consider the said applications under the above schemes and regularize the said constructions, in my considered opinion, the respondent authorities shall not take any coercive steps pending consideration of those applications. Accordingly, the Writ Petition is disposed of at the stage of admission, directing the respondents not to take any coercive steps in respect of the Flat Nos. E-1, E-2 and E-3 in Premises No.8-2-350/5/A, SM.V. Vallay View, Road No.3, Banjara Hills, Hyderabad belonging to the petitioners pending consideration of the representations dated 30.04.2008 said to have been given by the petitioners. No order as to costs. --------------------- 22.12.2008 SRI T.G.K, J. kvsn