IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25205 of 2008 Between: Dr. B. Prabhakar Reddy S/o. B. Linga Reddy R/o. Flat No.20B, Radhekishan Pleasant Homes Welfare Association, 3-6-687, Himayathnagar, Street No.10, Hyderabad-500029. ..... PETITIONER AND 1 The Municipal Corporation of Hyderabad, rep. by its Commissioner, Tankbund, Hyderabad. 2 The Chief Town Planning Officer, Municipal Corporation of Hyderabad. 3 The Assistant City Planner, Circle 3, Municipal Corporation of Hyderabad, Hyderabad. 4 The Government of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the aﬃdavit ﬁled herein the High Court may be pleased to issue a writ, order or Direction more particularly one in the nature of writ of Mandamus to directing the respondent to consider and dispose of the representation of the petitioner dt. 23-9-2008 pertaining to demolition of the remaining illegal structures & Removal of debris by the Respondents immediately in premises No. 3-6-687 Street No.10 Himayathnagar, Hyderabad and consequently declare the inaction of the respondents in demolishing the remaining illegal, structures and removal of the debris as bad in law and violative of G.O.Ms.No. 565 dt. 4-11-2006 on the ﬁle of 4th Respondent. Counsel for the Petitioner: MR.B.SUDHAKAR REDDY & NEERAJA REDDY Counsel for the Respondent No.1 to 3: Sri R.Radhakrishna Reddy (SC for Greater Municipal Corporation of Hyderabad) Counsel for the Respondent No.4: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25205 of 2008 ORDER: Petitioner is one of the owners of the ﬂats in Radehkrishan Pleasant Homes, situated at Himayath Nagar, Hyderabad. When the builder of the said apartment made some unauthorized constructions in the cellar area, petitioner made representations dated 24.09.2007 and 05.10.2007 to the 3rd respondent-Assistant City Planner, for demolition of illegal constructions. Complaining that the said representations were not disposed of, petitioner ﬁled W.P.No.1448 of 2008 seeking appropriate directions, in this regard. This Court, by order dated 14.08.2008, disposed of the said writ petition directing respondents 1 to 3 to consider the representations of the petitioner and pass appropriate orders within a period of four weeks from the date of receipt of a copy of the said order. It appears, pursuant to the said order, respondents got demolished the unauthorized constructions. Now the grievance of the petitioner is that as the debris is not cleared and some more unauthorized constructions are yet to be demolished, he made a representation dated 23.09.2008 to the respondents requesting them to demolish remaining unauthorized constructions and also to clear the debris, by collecting the necessary charges from the person, who made unauthorized constructions. He complains that no action has yet been taken on his representation dated 23.09.2008. Hence, this writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for Greater Municipal Corporation of Hyderabad, appearing for respondents 1 to 3 and the learned Government Pleader for Municipal Administration appearing for respondent No.4. When once the unauthorized constructions are demolished, no doubt, it is true that the person, who made the unauthorized constructions, has to remove the debris. But it does not mean that the Municipal Corporation has no responsibility. If the person who made the unauthorized constructions does not come forward to clear the debris, it is always open for the Municipal Corporation to clear the debris and collect usual charges from the person, who made the said unauthorized constructions. Further, as it is stated in the representation of the petitioner dated 23.09.2008 that some more unauthorized constructions are to be removed, it is the responsibility of the respondents to look into the said aspect also. For the foregoing reasons, the writ petition is disposed of, at the stage of admission, directing the respondents to ﬁnd out whether any unauthorized constructions, as alleged by the petitioner in his representation dated 23.09.2008, are yet to be demolished, and if it is found that the unauthorized constructions are yet to be demolished, they shall take necessary action immediately and remove the illegal constructions. Respondents are further directed to clear the entire debris after collecting the charges from the person, who made the unauthorized constructions. The said exercise shall be done within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________________ Justice Gopala Krishna Tamada 17th November 2008 sh To 1 The Commissioner, Municipal Corporation of Hyderabad, Tankbund, Hyderabad. 2 The Chief Town Planning Officer, Municipal Corporation of Hyderabad. 3 The Assistant City Planner, Circle 3, Municipal Corporation of Hyderabad, Hyderabad. 4 The Principal Secretary, Government of Andhra Pradesh, Municipal Administration & Urban Development Department, Secretariat, Hyderabad. 5 2CCs to the Government Pleader for Municipal Administration and Urban Development, High Court of A.P., Hyderabad. 6 2CD copies.