THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.23947 of 2009 ORDER: The petitioner-Jubilee Hills Co-operative House Building Society Limited filed this writ petition questioning the action of respondents 1 to 3, particularly respondent No.2, in making endorsement dated 31.12.2009 on the representation of the fourth respondent, to temporarily remove the girders and then refix after two months at the end of Road No.26, Jubilee Hills, Hyderabad. The case of the petitioner is that it made a representation to the Circle Inspector, Jubilee Hills Police Station, Jubilee Hills on 18.06.2009 stating that there was continuous traffic of lorries with waste material and boulders through Road Nos.25, 26 and 31 of Jubilee Hills causing noise and havoc to the residents of the society; that the lorries are being operated without back doors and carrying heavy granite boulders, and that the residents of the locality are unable to move freely on the roads due to fear of granite stones packed haphazardly in the lorries running at high speed, which may drop the boulders at any place during transit. Basing on the said representation, the third respondent-Chief City Planner, GHMC, Hyderabad, has granted permission to the petitioner to erect a temporary girder at the end point of Road No.26 with the following terms and conditions: “1. This permission cannot be treated closing of the road permanently for general public. 2. The Society should not cause damage to the road while erecting girder. 3. The GHMC has every right to remove the same any time without any notice to society. 4. The permission is only to control the dumping of debris in the vacant land situated near Road No.26, Jubilee Hills, Hyderabad.” It is stated that pursuant to the said permission, when the petitioner-society was erecting girder at the end of Road No.26, several anti-social elements have interfered with the same and therefore it was compelled to approach the police seeking assistance. Thereafter, the petitioner completed the erection of the girder with the assistance of the police. Aggrieved by the same, the fourth respondent-Jubilee Hills Lorry Owners & Drivers Association made a representation to the first respondent to remove the girder. On such representation, the second respondent-Executive Engineer, GHMC, Circle X, Hyderabad, made the impugned endorsement to temporarily remove the girder and then refix after two months, without issuing any notice to the petitioner. Hence, this writ petition. This Court, on 05.11.2009, while issuing notice before admission, directed that the girder shall remain intact, until further orders. Pursuant to the said order, it appears that the girder has been re- erected. Now, the fourth respondent-Association filed W.V.M.P.No.4450 of 2009 to vacate the interim order dated 05.11.2009 passed in the writ petition. In the counter-affidavit filed by the fourth respondent in support of the vacate stay petition, it is stated that its members are running their vehicles through Road Nos.25, 26 and 31 since last 20 years and they are taking all measures while transporting the material; that the allegations made by the petitioner that boulders are falling from the lorries on the road and the lorries are being operated without back doors carrying heavy granite boulders, are not correct; that the third respondent, without conducting any enquiry, granted temporary permission for erection of girder at the end point of Road No.26 by order dated 03.10.2009, pursuant to which, the petitioner erected girder; that the fourth respondent after knowing the same, made a representation to the first respondent requesting to remove the girder since due to the erection of the said girder, the members of it are not in a position to run their vehicles and that the second respondent after conducting enquiry about the difficulties made by the fourth respondent as well as others, has made the impugned endorsement to temporarily remove and then refix the girder after two months. After hearing the learned counsel for both the parties, this Court, on 21.07.2010, directed the third respondent to submit a report. In pursuance of the said order, the third respondent filed an affidavit along with the report stating that the girder, which was erected to prevent heavy vehicles from plying through the road in question, is intact and that the road is not closed. However, smaller vehicles and general public are using the same. He has also produced the photograph taken on 29.07.2010 showing the existence of girder across Road No.26. At the hearing, the learned Standing Counsel for GHMC has not denied the carrying of heavy boulders by the lorries, which is causing public nuisance to the residents of the locality. In the circumstances, I am of the view that the Municipally has rightly permitted the petitioner society to erect girder taking into consideration the facts and to protect the lives of the members of the society and the same need not be interfered with. Hence, the impugned endorsement dated 31.10.2009 made by the second respondent at the instance of the fourth respondent to temporarily remove the girders and then refix after two months at the end of Road No.26, is set aside. The Writ Petition is accordingly allowed. There shall be no order as to costs. N.V.RAMANA, J Dated: 30.08.2010 va