THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 15041 OF 2011 Date: 21.06.2011 Between: M/s. Datamatics Corporation ..... PETITIONER AND Greater Hyderabad Municipal Corporation ..... RESPONDENT The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.15041 OF 2011 O R D E R : Heard Sri Ghanta Rama Rao, the learned counsel for the petitioner and Sri C.Damodar Reddy, the learned Standing Counsel appearing for the respondent- Corporation. The material available on record shows that in respect of the very same building, one Rumala Prabhakar claiming to be the owner of the building, filed W.P.No.4024 of 2011 seeking a declaration that the inaction on the part of the Corporation in considering his representation dated 21.01.2011 to provide staff for undertaking demolition of the building in question on the ground that the building was very old and may endanger the public life. The said writ petition was disposed of by this Court by order dated 28.02.2011 holding as under: “The Corporation is conferred with the power to pull down the dilapidated premises to ensure safety of inmates and neighbours. Section 429 of the Act empowers the Corporation to pull down the dangerous and dilapidated condition buildings by it, in case the owner does not respond to the notice. The Corporation is entitled to recover the costs of the work. Here the petitioner is not only agreeable for pulling down the building, but also is seeking the assistance of the Corporation. When the Corporation can pull down the building on account of failure of the owners or inmates, there is no reason why it cannot undertake such exercise on a request made by the owner. The Corporation can recover the costs of the work undertaken by it. Hence, the writ petition is disposed of directing the 2nd respondent to consider the representation, dated 21.01.2011, submitted by the petitioner and take necessary steps within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs.” Learned Standing Counsel appearing for the Corporation has placed before this Court the relevant record, which shows that the owner of the premises did not deposit the estimated amount for taking up demolition work in spite of the requests made by the Corporation and ultimately, on 02.06.2011 a notice was issued calling upon the owner to remit a sum of Rs.3,06,000/- within a period of 15 days from the date of receipt of the said notice for taking up the demolition work. Though the owner of the building is not made a party to this writ petition, Sri Paravastu Krishna, Advocate, appeared before this Court on behalf of the owner and represented that the amount as requisitioned by the Corporation would be deposited shortly. Having regard to the facts and circumstances of the case and keeping in view the nature of the contentions raised by the writ petitioner herein, who is in actual occupation of the building in question as of today, I am of the opinion that it is necessary to give him an opportunity to raise his objections before taking the steps in terms of the order in W.P.No.4024 of 2011. It is also relevant to note that Section 459 of the Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’) provides for a reasonable opportunity to the occupier to raise his objections, if any, before issuing the notice under Section 456 (1) and (2) of the Act. In the circumstances, the writ petitioner is hereby permitted to submit his objections to the Commissioner, Greater Hyderabad Municipal Corporation, treating the impugned notice dated 17.01.2011 served on the petitioner on 27.05.2011 as a show-cause notice within three days from today. On receipt of such objections, the Commissioner shall pass appropriate orders in accordance with law after hearing the landlord as well as the occupier/the writ petitioner within a period of two weeks thereafter. Till such time, there shall not be demolition of the structures in question. The Writ Petition is accordingly disposed of. No costs. ​ _____________ G. ROHINI, J Date: 21.06.2011 Note: Issue CC by tomorrow (B/o) Ivd