THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.7393 of 2008 Date:09.11.2009 Between: M/s C.B. Leelavathi. ..Petitioner and Greater Hyderabad Municipal Corporation and others. .. Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.7393 of 2008 ORDER: The petitioner complains that the fourth respondent constructed a building in her immediate neighbourhood in contravention of the sanctioned plan and contrary to the building bye-laws. Her grievance is that though the said fact was brought to the notice of respondent Nos.1 and 2, no action has been taken thereon. Heard the learned counsel for the petitioner and the learned standing counsel for respondent Nos.1 and 2. While issuing notice before admission on 04.04.2008, this Court directed that the Municipal Corporation shall cause inspection of the building and submit a status report. The inspection has since been caused and a report has been filed. It is stated that the fourth respondent was accorded permission for construction of ground plus two upper floors vide proceedings dated 14.02.2006. It is also stated that when certain deviations were found, notice under Section 452 of the Hyderabad Municipal Corporation Act, 1955, has been issued on 18.03.2008. The fourth respondent is said to have since removed the offending portions of construction and has also shifted the chimney which was the source of nuisance to the petitioner. The deviation as to the open spaces and opening of chimney have since been rectified. With that the grievance of the petitioner stands redressed. So far as the construction of third floor is concerned, an application filed by the fourth respondent under Building Penalization Scheme (BPS) is pending. The petitioner can put-forward her objections before the competent authority. Hence, the Writ Petition is disposed of leaving it open to the petitioner to file objections to the application submitted by the fourth respondent for regularization of the deviation. As and when such an application is taken up, the objections shall also be taken into account. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J 09th November, 2009 GHN