THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.23541 of 2009 Date:03.11.2009 Between: K. Ramaiah. ..Petitioner and The Greater Hyderabad Municipal Corporation and others...Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.23541 of 2009 ORDER: The petitioner submitted an application to the second respondent alleging that the third respondent made unauthorised construction in premises bearing No.8-3-475, Bhagath Nagar, Karimnagar. He has also requested the second respondent to furnish a copy of sanctioned plan, if any. Through the letter dated 21.05.2009, the second respondent informed the petitioner that the third respondent did not obtain any permission and no such application was available in the record. The petitioner states that the second respondent did not take any steps though the third respondent made construction contrary to the building bye-laws. Heard the learned counsel for the petitioner and the learned standing counsel for the second respondent. The second respondent is under obligation to ensure that the constructions within its area of operation are carried out only on the strength of the sanctioned plans and accord with the bye-laws. In case any construction is made contrary to the bye-laws, steps under the relevant provisions of the Hyderabad Municipal Corporation Act, 1955 (‘the Act’ for short) are to be initiated. In case an application was filed by the third respondent under the Building Penalization Scheme (BPS), the petitioner can put forward his contentions before the authority concerned. Hence, the Writ Petition is disposed of directing that: (a) In case the third respondent has made any construction in premises bearing No.8-3-475, Bhagath Nagar, Karimnagar, without permission and if no application has been submitted by him under BPS, the second respondent shall take immediate steps in accordance with the provisions of the Act; (b) In case the third respondent has submitted an application for regularization under BPS, it shall be open to the petitioner to raise objections vis-à-vis said application and the authority concerned shall take the same into account whenever the matter is taken up. There shall be no order as to costs. ______________________ L. NARASIMHA REDDY, J 03rd November, 2009 GHN