HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.29439 of 2011 ORDER: This writ petition is ﬁled to declare the action of the respondents 2 to 4 in allowing the 5th respondent to make illegal construction in spite of the order, dated 18-10- 2011 passed by this Court in W.V.M.P.No.6151 of 2010 and 3416 of 2011 in W.P.M.P.No.38645 of 2010 in W.P.No.30335 of 2010 as illegal and arbitrary. 2. Brief facts which are necessary for disposal of this writ petition are that one Kona Veereswara Rao, who is a General Power of Attorney Holder and father of the petitioner stated in his aﬃdavit that his son is the owner of the property bearing door No.13-1-4, main road, Kakinada, which is adjacent to the building constructed by the 5th respondent. The 5th respondent constructed its building for the purpose of running a hospital contrary to the sanction plan approved by the 3rd respondent-Corporation by raising multi storied building though it has obtained permission for residential building without leaving set backs on the side of his son’s property and therefore, their land is badly aﬀected due to the illegal construction made by the 5th respondent. Thereafter, the Corporation issued notice to the 5th respondent for removing the unauthorized construction. The 5th respondent ﬁled W.P.No.30335 of 2010 against the respondents Corporation challenging the said notice and obtained interim direction and in the vacate petition ﬁled by the respondent-Corporation, this Court while disposing of the said vacate petition, directed the petitioner to use ﬁrst two ﬂoors of the building for a period of one month from that day and close the same on the expiry of one month till such time as its application for regularization is disposed of. In spite of the said direction, the 5th respondent started further construction. The petitioner made a complaint to the respondent- Corporation. But the respondent-Corporation did not take any action against the 5th respondent. Hence, the grievance of the petitioner is that the action of the respondent in allowing the petitioner to make illegal construction in spite of the orders passed by this Court, referred to above, is illegal and arbitrary and seeks a direction to the respondent Corporation not to regularize the building until and unless the unauthorized constructions were removed. 3. Heard Sri K.Satyanarayana Murthy, learned counsel for the petitioner, learned Government Pleader for Municipal Administration, appearing for R-1 and R-3, learned Government Pleader for Home, appearing for R-2, Sri S.Nageswara Reddy, and learned standing counsel for R- 4 and Sri V.L.N.G.K. Murthy, learned counsel for R-5, and perused the record. 4. The learned counsel for the petitioner contended that the 5th respondent can make any construction in accordance with sanctioned plan, and therefore, the Corporation may be directed to remove the unauthorized or illegal constructions made contrary to the sanctioned plan. 5. On the other hand, learned standing counsel for the 4th respondent contended that there are violations in making the constructions as against the sanctioned plan and therefore, the Corporation issued impugned notice to remove the illegal structures and so, the impugned notice needs no interference, and hence, he prays to dismiss the writ petition. 6. Learned counsel for the 5th respondent contended that the Fire Department has given permission to construct the metal staircase and accordingly, the metal staircase was constructed, and hence, he prays to issue direction to the respondent not to remove the staircase, and that even though permission was sought for from the respondent- Corporation, it was rejected on the ground that it was not in the proper proforma and within three days, the petitioner would apply to the Municipal Corporation for permission to ratify the erection of metal staircase. He also stated that the notice under Sections 452, 461 and 636 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act), was issued, and that it can also be decided by the Corporation that it will take decision on the application submitted by the petitioner under the Building Penalization Scheme (BPS). 7. It is not in dispute before this Court that the 3rd respondent- Corporation issued notice under Sections 461 and 636 of the Act because of certain deviations in construction made by the 5th respondent contrary to the sanctioned plan. It is also not in dispute that the 5th respondent already ﬁled the application to regularize certain deviations under the Building Penalisation Scheme which is pending before the respondents 3 and 4. Therefore, whether the application of the 5th respondent under the BPS comes within the parameters of Section 455- A of the Act or not has to be decided by the Corporation. Therefore, after taking appropriate decision on the application of the 5th respondent for regularization of certain deviations under the B.P.Scheme, the respondents 3 and 4 shall take appropriate action in removing the illegal structures. 8. With regard to laying of the metal staircase, admittedly, the 5th respondent has not applied for permission for construction of the metal staircase. After making construction in pursuance of the directions given by the Fire Service Department, the 5th respondent applied for the ratiﬁcation of erection of metal staircase, but it was rejected on the ground that it was not made in the proper proforma. 9. Therefore, the 5th respondent is directed to ﬁle a fresh application within a week from today in the requisite proforma and on payment of required fee for ratiﬁcation of the construction of the metal staircase and thereafter, the Corporation shall take appropriate decision on the application. The 5th respondent can use top two floors till a decision is taken by the Corporation under BPS. The entire exercise shall be completed by the Corporation within a period of eight weeks from the date of receipt of a copy of this order. 10. With these observations, the writ petition is disposed of. There shall be no order as to costs. ___________________ JUSTICE K.C.BHANU 23rd November 2011 kvr