IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 13095 of 2005 Between: Akbar Ali, R/o. Jagdish Market, Abids, Hyderabad. ..... PETITIONER AND 1 The Section Officer, Municipal Corporation of Hyderabad, Circle No.5, Abids, Hyderabad. 2 The Assistant Town Planner, Municipal Corporation of Hyderabad. Circle No.5, Abids, Hyderabad. 3 The Assistant City Planner, Municipal Corporation of Hyderabad, Circle No.5, Abids, Hyderabad. 4 The Chief City Planner, Municipal Corporation of Hyderabad, Tank Bund, Hyderabad. 5 The Deputy Commissioner, Municipal Corporation of Hyderabad, Abids, Hyderabad. 6 The Commissioner, Municipal Corporation of Hyderabad, Tank Bund, Hyderabad. 7 The Collector and District Magistrate, Hyderabad District at Hyderabad. 8 The Secretary, Hyderabad Urban Development Authority, Hyderabad. 9 The Secretary to the Govt of A.P., Municipal Administration Department Secretariat, Hyderabad. 10 The Director General, Anti Corruption Bureau, Govt of A.P., Hyderabad. 11 Aziz Bhai ( Bhoja), R/o. Poonam Apartments, H.No.5-1-512/17, Abids, Chirag Ali Lane, Hyderabad (Secretary of Poonam Apartments Society). 12 Karim Bhai ( Khoja), Poonam Apartments, Chirag Ali Lane, Hyderabad. 13 Rani Bhateja, ( Treasuer of Poonam Apartments ), R/o. A-1 Block, Poonam Apartments, Chirag Ali Lane, Hyderabad. 14 J. Jaikar, R/o. A-2, Poonam Apartments, Chirag Ali Lane, Hyderabad ( President of Poonam Apartments). .....RESPONDENTS 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 Order, direction, or a Writ, more particularly one in the nature of Writ of Mandamus to call for the records and remarks from the Respondents herein relating to (i) illegal sale of Government land, admeasuring about 100 square yards situated behind Jagdish Market and opposite to golden gate, Hotel Emerald in Hyderabad city shopping center, Abids, worth about Rs. 75 Lakhs for Rs 47 Lakhs to a business man by the residents claiming to be the oﬃce bearers of Poonam Apartments, Viz., Aziz Bhai Khoja, Karim Bhai Khoja, Rani Bhatega (sindhi) and J. Jaikar (an employee of Grammar School), who have no right, locus standi, or authority as they are not owners of the land, (ii) starting illegal and unauthorized construction on the site by the purchaser, without following any construction rules in collusion with the oﬃcers of the Municipal Corporation of Hyderabad, which is in violation of MCH Act and Rules, 1955 and GOMS No. 708 dated 11-08-1987, (iii) Misuse of authority by the Oﬃcials of the Municipal Corporation of Hyderabad in allowing the illegal sale and purchase of Government land, and illegal construction on it by taking bribes, and hence this Hon'ble Court is requested to pass appropriate orders directing the concerned authorities to take action against the illegal purchaser and sellers of Government land, Viz., Aziz Bhai Khoja, Karim Bhai Khoja, Rani Bhateja, J. Jaikar and the oﬃcers of the Municipal Corporation of Hyderabad for their misuse of power in allowing the illegal sale, purchase, and construction on the Government land in the interest of Justice and to pass such other or further orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: PETITION Counsel for the Respondents: GP FOR HOME Ms. Devineni Radha Rani Mr. M.Kalyana Ramakrishna Mr.B.Shashidhar Mr.R.RamachandraReddy,SCfor GHMC The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKAN UP WRIT PETITION No.13095 OF 2005 ORAL ORDER: (per the HON’BLE SRI JUST ICE D.S.R.VARMA) Heard learned Government Pleader for Home, Ms. Devineni Radha Rani, Mr. M.Kalyana Rama Krishna, Mr.B.Shashidhar, learned counsel for the respondents, and Sri R.Ramachandra Reddy, learned Standing Counsel, appearing for the Greater Hyderabad Municipal Corporation (for brevity, ‘the GHMC’). 2. This Writ Petition is registered, pursuant to a letter, dated 13.06.2005, by one Akbar ali, r/o. Jagadish Market, Abids, Hyderabad, to the Hon’ble the chief Justice, High court of Andhra Pradesh, Hyderabad, complaining that, respondent Nos.11 to 14, who are residents of Poonam Apartment, and claiming to be oﬃce bearers of the Apartment, sold an extent of about 100 square yards of government land, behind Jagdish Market, Abids, Hyderabad, to respondent Nos.16 and 17; that the said extent of land was actually meant for set back portion for construction of Poonam Apartment; that any construction made in the said piece of land, is violative of building bye- laws of the Municipal Corporation and also contrary to the sanctioned plan. 3. Mr. R.Ramachandra Reddy, learned Standing Counsel, appearing for the GHMC, submits that, during the pendency of the Writ Petition, the Government of Andhra Pradesh has introduced a scheme, through G.O.Ms.Nos.901 and 902, Municipal Administration and Urban Development (M1) Department, dated 31.12.2007, to regularize the illegal and unauthorized constructions and that the said G.Os., are under challenge before a Division Bench of this Court, in Writ Petition No.1069 of 2008. 4. In the said Writ Petition, this Court, initially, gave interim direction to the eﬀect that the applications ﬁled, seeking regularizations, can be processed, but there shall not be any ﬁnality to such applications, and with a further direction not to eﬀect any demolitions pertaining to those applications, ﬁled seeking regularization. The said Writ Petition is still pending. 5. It is brought to the notice of this Court that the respondent Nos.16 and 17, who are going to be the aﬀected parties by virtue of demolition, if any, that is likely to be eﬀected by the GHMC, made application to the Government, seeking regularization, envisaged under G.O.Nos.901 and 902, dated 30.12.2007, and those applications are pending and that, as per the directions of this Court, in Writ Petition No.1069 of 2008, no ﬁnal order can be passed thereon, despite the processing activity of the applications. 6. Therefore, the position, as of now, is that the applications, seeking regularization of the illegal and unauthorized constructions, in good number, are pending before the GHMC for consideration, and any ﬁnality can be attached to them, only after this Court renders judgment in Writ Petition No.1069 of 2008, and that, till such time, only processing of the applications alone can be done and no further orders can be passed, including orders for demolition. So, as on today, in a way, status quo for all purposes shall have to be maintained in pursuance of the interim order, passed by this Court, in the above Writ Petition. 7. In such view of the matter, suﬃce it to dispose of this Writ Petition, giving liberty to the GHMC to process the application made by the respondent Nos.16 and 17, for regularization, without passing any ﬁnal orders thereon, pending consideration by this Court as regards the validity or otherwise of the G.O.Ms.Nos.901 and 902, dated 31.12.2007. 8. It is made clear that, this order shall not be understood as the one creating any right on the respondent Nos.16 and 17, or any other person, insofar as the controversy involved in this Writ Petition. However, it is expedient to direct the respondent Nos.16 and 17 not to alienate or make any further constructions in the disputed land, until further orders. 9. With the above directions and observations, the writ petition is disposed of, at the stage of admission. However, there shall be no order as to costs. ---------------------------- JUSTICE D.S.R.VARMA --------------------------- JUSTICE K.C.BHANU 04TH SEPTEMBER 2008 DRK