THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.23597 of 2009 Date:03.11.2009 Between: C. Yadaiah. ..Petitioner and The Greater Hyderabad Municipal Corporation and another..Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.23597 of 2009 ORDER: The petitioner claims to be owner of 57 sq. yards of land in the premises bearing No.8-1-225, Shaikpet, Hyderabad. Alleging that he commenced construction without valid permission, the first respondent issued notice under Section 452 of the Hyderabad Municipal Corporation Act, 1955 (‘the Act’ for short). The petitioner submitted an application and not being satisfied with that, the Corporation issued notice under Section 636 of the Act. Aggrieved thereby the petitioner approached this Court by filing W.P.No.18967 of 2009, which was disposed of with a direction that the Corporation shall consider the representation dated 28.08.2009 submitted by the petitioner and till then demolition shall not take place. Thereafter, the request of the petitioner was not acceded to and through their communication dated 23.10.2009, the Corporation informed the petitioner that the application submitted by him does not accord with the title deeds etc. The petitioner feels aggrieved by the same and seeks a direction to the Corporation to accord sanction. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents. The representation submitted by the petitioner dated 28.08.2009 cannot be treated as a valid application for permission. It is in the form of a representation vis-à-vis explanation to notice issued under Section 636 of the Act. Even now the petitioner can avail the relief provided for under Section 455-A of the Act. That provision enables an individual, who had commenced the construction without permission, to seek regularization subject to certain conditions. In addition to the regular fee, penalty to an extent of 30% is to be paid and the building must be brought in conformity with the building regulations. Hence, the Writ Petition is disposed of directing that it shall be open to the petitioner to submit an application under Section 455-A of the Act and as and when it is submitted, the respondent Corporation shall consider the same on its own merits. Till appropriate orders are passed thereon, the petitioner shall not proceed with the further construction and the respondent Corporation, in turn, shall not demolish the existing structures. There shall be no order as to costs. ______________________ L. NARASIMHA REDDY, J 03rd November, 2009 GHN