IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23752 of 2007 Between: Safdaria Girls High School, H.No.10-3-72, Humayun Nagar, Hyderabad, rep. by its Secretary & Correspondent Col. Yousuf Ali Mirza, S/o. late Col. R.A. Mirza, aged about 85 years. ..... PETITIONER AND 1.Greater Municipal Corporation of Hyderabad, rep. by its Commissioner, Municipal Complex, Tank Bund, Hyderabad. 2.Saleha Ali Mohsin W/o.late Dr. Syed Ali Mohsin H.No.10-3-73, Humayun Nagar, Hyderabad, Rep. by her GPA Holder S.Ahmed S/o. Naseer Ahmed aged about 36 years, H.No. 12-2-39/B, Murad Nagar, Mehdipatnam, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ of Mandamus declaring the inaction on the part of the first respondent in taking action against the illegal construction being carried on by second respondent in deviation of sanctioned plan, as arbitrary and illegal and consequently direct the first respondent to demolish all the illegal constructions made by the second respondent contrary to the sanctioned plan in premises bearing H.No.10-3-73, situated at Humayun Nagar, Hyderabad and pass such other order or orders. Counsel for the Petitioner: MR.H.VENUGOPAL Counsel for the Respondent No.1: (SC FOR MCH CIRCLES 3&5)KALPANA EKBOTE Counsel for the Respondent No.2: MR.V.SREENIVASA RAO. The Court made the following : O R D E R : This writ petition has been filed by Safdaria Girls High School represented by its Secretary and Correspondent Col.Yousuf Ali Mirza assailing the inaction of the Greater Hyderabad Municipal Corporation-1st respondent in demolishing the unauthorized constructions made by Saleha Ali Mohsin-2nd respondent in the premises bearing H.No.10-3-73, situated at Humayun Nagar, Hyderabad. 2. Col.Yousuf Ali Mirza has sworn to the affidavit filed in support of the petition. It is stated in the affidavit that the petitioner-School is being run in the premises bearing H.No.10-3-72 and the same is abutting to the premises bearing H.No.10-3-73, situated at Humayun Nagar, Hyderabad, which is owned by the 2nd respondent. The 2nd respondent demolished her old building with a view to construct a multi-storied complex. As per the sanctioned plan, the 2nd respondent has to construct ground plus three upper floors. But, the 2nd respondent is proceeding with the constructions contrary to the sanctioned plan. The petitioner being immediate neighbour lodged complaints with the 1st respondent on various dates and requested the authorities to see that the constructions made by the 2nd respondent are in accordance with the sanctioned plan. The 2nd respondent filed O.S.No.6045 of 2006 on the file of IV Junior Civil Judge, City Civil Courts, Hyderabad, and obtained interim injunction order on 29.12.2006 in I.A.No.881 of 2006. The first respondent entered appearance and filed written statement in the suit. The injunction application filed by the 2nd respondent came to be disposed off on 29.12.2006. The relevant portion of the order passed in I.A.No.881 of 2006 reads as hereunder: “… In the circumstances of the case, issue temporary injunction restraining the respondent corporation, its employees, subordinates, employees etc., from interfering with the construction activities of the petitioner in the schedule property, so far as the structures are made in accordance with the sanction plan. However, it is made clear that the respondent is at liberty to take action against the unauthorized constructions/deviations, if any, as per law.” The appeal being C.M.A.No.157 of 2007 filed by the 2nd respondent before II Additional Chief Judge, City Civil Courts, Hyderabad, ended in dismissal confirming the orders passed in I.A.No.881 of 2006. Despite specific liberty being given to the 1st respondent to take steps for removal of the constructions made by the 2nd respondent in violation of the sanctioned plan, the 1st respondent failed to take any action and thus, the petitioner approached this court invoking the jurisdiction under Article 226 of the Constitution of India. 3. The 2nd respondent filed counter-affidavit. The sum and substance of the counter affidavit is that the petitioner having failed to secure favourable orders in civil Court resorted to file the writ petition and therefore, writ petition is liable to be dismissed. 4. The factual aspect of filing of the suit and passing of interim orders as extracted above is not in dispute. The 1st respondent- Corporation initiated action for removal of the unauthorized constructions made by the 2nd respondent. Thereupon the 2nd respondent approached the civil Court and obtained interim orders. As per the interim orders passed in I.A.No.881 of 2006, the 1st respondent has been given liberty to take action for removal of the unauthorized constructions in accordance with law. Such is the situation, there cannot be any difficulty for the 1st respondent to take necessary action in accordance with the provisions of the Hyderabad Municipal Corporation Act and the Rules framed thereunder for removal of the unauthorized constructions made by the 2nd respondent over the premises bearing H.No.10-3-73, situated at Humayun Nagar, Hyderabad. 5. Accordingly, the writ petition is disposed of at the admission stage directing the 1st respondent to take necessary steps for removal of the unauthorized constructions, if any, made by the 2nd respondent in the premises bearing H.No.10-3-73, situated at Humayun Nagar, Hyderabad, in accordance with the provisions of the Hyderabad Municipal Corporation Act and the Rules framed thereunder after putting the 2nd respondent on notice. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:12th June, 2008. cs .....ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Commissioner, Greater Municipal Corporation of Hyderabad, Municipal Complex, Tank Bund, Hyderabad. 2.2CD copies Form-NIC-OGS/WP{KURR}