THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.25726 OF 2009 Dated 10th December, 2009 Between: P.Padmavathi and another …Petitioners And Greater Hyderabad Municipal Corporation and Another …Respondents The Court made the following ORDER: The petitioners claim to be the owners of a plot of 100 square yards in premises bearing No.7-1-396/4, B.K.Guda, S.R.Nagar, Hyderabad. They submitted an application on 03.07.2009, to the respondents with a request to accord permission to make construction of ground and first floor on the site duly remitting the fee. It is stated that since no orders were passed on the application, permission is deemed to have been granted under Section 438 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short “the Act”), and accordingly construction was commenced in the first week of October, 2009 strictly as per the plan submitted for sanction. The grievance of the petitioners is that the respondents are trying to interfere with the construction. Heard learned counsel for the petitioners and learned Standing Counsel for the respondents. Section 438 of the Act, no doubt, directs that in the event of inaction on the part of the Corporation, for a specified time on an application submitted for permission, a deemed permission would emerge. However, the deemed permission does not enable an applicant to make construction contrary to the building bye-laws and other specifications. In the instant case, the learned Standing Counsel submits that the petitioners are found to have encroached upon the road portion. Such a course cannot be permitted. Even now the respondents can visit the site, examine the application and accord permission to the extent it is permissible in law. Hence, the writ petition is disposed of, directing that respondents 1 and 2 shall process the application of the petitioners and accord sanction to the extent it is permitted under the relevant bye-laws, within a period of four (4) weeks from today. The petitioners shall be entitled to make construction, in accordance with such a sanctioned plan. In the meanwhile, neither the petitioners shall make any construction nor the respondents shall demolish the existing one. However, if the existing structure does not accord with the plan that may be sanctioned, the petitioners shall be under obligation to remove the same and proceed with the construction as permitted. There shall be no order as to costs. _______________________ L .NARASIMHA REDDY, J Dated 10th December, 2009 vrn