THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.31990 OF 2011 ORDER: This Writ Petition is filed seeking to issue mandamus declaring the action of the respondents in issuing the notice, dated 18-11-2011 to demolish the structures of the petitioners in Door No.11-11-1, T.S.No.203, Block No.11, Nookalamma Temple Street, Kakinada, East Godavari District as illegal and arbitrary and consequently direct the respondents to consider Building Regularization Scheme (BRS) application of the petitioners so far as upper floors are concerned and grant time to make alternative arrangements so far as structures in parking area is concerned. 2. It is stated in the affidavit filed in support of the writ petition that the 1st petitioner is the absolute owner and possessor of the house bearing Door No.11-11-1, part in Ward No.1, T.S.No.203, admeasuring 677 square yards and the 2nd petitioner is the absolute owner and possessor of another part of the premises, having purchased the same through registered sale deed, dated 18-12-1993. They applied to the corporation to accord permission for construction of hospital and the corporation released the sanction plan vide proceedings BP No.93/95, dated 01-11-1995. The petitioners completed the construction and running Orthopedic clinic and Nursing home. Thereafter, certain additional constructions have been made and for that purpose, application was submitted for regularizing the same under BRS. The 1st respondent vide proceedings, dated 16-07-2011 regularized the constructions in Ground, First, Second and Third floors and directed to remove certain constructions in parking area and the petitioners complied with the same. The petitioners paid Rs.94,979/- towards half yearly property tax to the building. The petitioners made a representation to the respondents requesting to permit them to construct upper floors 4 and 5 and with the knowledge of the respondents, they constructed the same and applied for regularization in the year 2005 and paid Rs.2,00,000/- as provisional payment. In the year 2010, the petitioners were directed to pay balance amount of Rs.65,000/- for its regularization and accordingly, they paid the said amount. While so, on 25-10-2011, the respondents issued a notice under Section 452 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) directing them to file objections and attend the office. Accordingly, 1st petitioner attended the office and submitted objection and requested time to provide the requirement as mentioned in the notice. Thereafter, the respondents informed that the proceedings will be issued later under the schemes, but however, directed them to make arrangements for providing water sump and fire equipment. While so, without considering the objections, the impugned notice under Section 636 of the Act was issued on 18-11-2011 directing them to remove the constructions as mentioned in the notice within 24 hours, failing which, it shall be removed. The respondents without considering the BPS application, insisting them to remove the constructions. Hence, the writ petition. 3. Learned counsel appearing for the petitioners contended that the application made by the petitioners for regularization of the building in question under the Building Penalisation Scheme is pending with the respondents, and without taking any decision thereon, the respondents are trying to remove the construction, and hence, he prays to issue direction as prayed for. 4. On the other hand, learned counsel appearing for the respondents contended that appropriate decision will be taken by the respondents in accordance with law on the application dated 28-03-2008 of the petitioners under the Building Penalisation Scheme and thereafter appropriate decision will also be taken under Section 452 of the Act. 5. The allegation is that the petitioners said to have constructed covered parking in ground floor + 3 upper floors in deviation to the regularized plan and also constructed 4th and 5th floors unauthorizedly without any permission. It is not in dispute that the petitioners made application dated 28-03-2008 by paying required penal charges, for regularization of the unauthorized construction under the Building Penalisation Scheme. Unless appropriate decision is taken by the respondent corporation on the application which is made by the petitioners for regularization, no action can be initiated in respect of the premises in question. 6. Therefore, the respondents are directed to take appropriate decision on the application dated 28-03-2008 made by the petitioners under Building Penalisation Scheme (BPS) in respect of premises bearing Door No.11-11-1, T.S.No.203, Block No.11, Nookalamma Temple Street, Kakinada East Godavari District, if the application was not already rejected. Till then, they are directed not to proceed with the demolition of the premises in question. 7. With the above direction, the Writ Petition is disposed of. No costs. --------------------- K.C.BHANU, J DATED: 20-12-2011 Hsd