THE HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 4634 of 2010 Dated: 08-02-2011 Between: Shaik Abdul Aleem …Petitioner and Greater Hyderanad Municipal Corporation, rep. by its Commissioner, Hyderabad and another …Respondents Oral Order: This writ petition has been instituted calling in question the notice issued by the 1st respondent-Municipal Corporation on 25-2-2010 in terms of Section 636 of the Hyderabad Municipal Corporation Act, proposing to demolish certain unauthorized constructions said to have been raised by the writ petitioner. The case of the writ petitioner is that he had constructed the structures in a site, which is less than 100 Sq. yards and hence he does not require prior building permission to be obtained. The learned counsel for the petitioner has also placed reliance upon the judgment rendered by this Court in J.Vasundara Bai v. Municipal Corporation of Hyderabad[1]. The learned Standing Counsel for the Municipal Corporation has taken time to ascertain as to whether there was any change in the policy requiring the applicant to secure building permission when constructions are sought to be made in a site of 100 or less than 100 Sq. yards. However, there is no such change in the policy that was brought to my notice. In this view of the matter it is only appropriate that the impugned notice issued under Section 636 of the Hyderabad Municipal Corporation Act on 25-2-2010 should be set aside and the representation made by the writ petitioner should be examined and the respondent should ascertain whether the constructions are made in a site of less than 100 Sq. yards area as claimed by the writ petitioner and also ascertain as to whether the constructions that are sought to be made in such a small extent of land required building permission from the Corporation or not. Thereafter a speaking order may be passed and communicated to the writ petitioner. With this, the writ petition stands allowed. No costs. __________________________________ NOOTY RAMAMOHANA RAO, J 8th February, 2011 GRR [1] 2006 (1) ALD 378