IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12907 of 2002 Between: M.Madan MohanRao s/o M.L. Narasimham, R/o Santosh Nagar Colony, Mehdipatnam, Hyderabad. ..... PETITIONER AND Municipal Corporation of Hyderabad, rep. by its Commissioner, Hyderabad. .....RESPONDENT 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 to issue a writ, order or direction, more particularly one in the nature of Mandamus declaringthe action of the respondent inseeking to demolish the structukre bearing House No.12-2-505, 506/B of Gudimalkapur, Hyderabad without considering the explanation of the petitioner, though no prejudice is caused to any one owing to the structure and after years after construction of the residential complex as illegal, arbitrary and unconstitutional and consequently set aside the order dt .6.07.2002 on the respondent and pass. Counsel for the Petitioner:MR.SRINIVASA RAO BODDULURI Counsel for the Respondent No.: MR.GANTA RAMA RAO The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12907 of 2002 ORDER: Petitioner questions the notice issued by the respondent under Section 636 of the Hyderabad Municipal Corporation Act, 1955, dated 16-05-2002, for demolition of the house bearing No.12-2-505, 506/B of Vijay Susheel Apartments, Guddimalkapur, Hyderabad, on the ground that the petitioner constructed stilt + five floors unauthorisedly and also constructed pent house in the 6th floor contrary to the sanction plan, dated 21-07-1999. Further, the balconies are projected 4’ to 6’ instead of 3’.3” in the permitted set backs and in stilt floor watchman room is constructed unauthorisedly. Pursuant to the said notice, the petitioner made a representation before the Assistant City Planner Circle-IV Municipal Corporation, Hyderabad, on 15-07-2002, stating that he has constructed stilt + five upper floors as per the sanction plan and minor deviations have been made to meet the requirement of Vaasthu without effecting any neighbour’s right and without causing any inconvenience to the flat owners of the premises and the temporary room on the ground floor was construed as a store room and used during construction period alone, but the said room is not within the stilt area. Accordingly, the petitioner requested to drop further action in the matter. As no counter is forthcoming and in view of the schemes introduced by the respondent from time to time for regularization of the unauthorized constructions, whether deviations are trivial in nature or not, the petitioner is permitted to make a fresh representation for regularization of the unauthorised constrictions, as per the existing schemes, and if any such representation is filed, the 1st respondent may consider and dispose of the same in accordance with law. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________ 18-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ANURADHA}