HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.23648 of 2010 ORDER: This writ petition is filed to declare the action of the respondents 1 to 3 in not taking action upon the complaints of the petitioner-society, dated 20-07-2010 and 07-08-2010, against illegal and unauthorized construction of 6th and 7th additional floors and conversion of stilt area into flats by the respondents 4 to 7, as illegal and arbitrary. 2. Brief facts, which are necessary for disposal of this writ petition, are that the respondents 4 to 7 are the joint owners and builders of the complex by name ‘Umraw Avenue Enclave’ consisting of three blocks bearing M.Nos.15-02-290 to 294, situated at Maharaj Gunj, Hyderabad, which was constructed illegally and unauthorizedly making constructions in 6th and 7th floors and pent house contrary to the sanctioned plan. The members of the petitioner society are the owners of the flats having purchased from the respondents 4 to 7. It is alleged that the respondents 4 to 7 constructed the additional floors and offending conversion of the stilt area into flats without taking any safety measures for fire and other basic amenities as water and sump facilities, which causes severe hardship to them and resulting in very inconvenience and annoyance to the members of the petitioner- society. Therefore, the petitioner-society made the complaints dated 20-07-2010 and 07-08-2010 to the respondents 1 to 3 requesting to take necessary action against the respondents 4 to 7. But however, the respondents did not take any action against them. Hence, the writ petition. 3. Respondents 1 to 3 filed a counter affidavit admitting that the construction of entire building by the respondents 4 to 7 is illegal and unauthorized. It is stated that the Corporation has taken steps on the complaints given by the petitioner-society. So far as parking area is concerned, the Corporation removed the rolling shutters fixed at blocking and parking area on 25-09-2010 itself. So far as ground floor is concerned, status quo order is in force, however, the Corporation is taking action to remove two shops of block-1. So far as flat Nos.G-1 and G-2 (block-2) of the ground floor are concerned, Building Penalization Scheme (BPS) applications are pending. So far as 1 to 4 floors are concerned, flat No.104 (first floor, block-1) and flat No.202 (second floor, block-2) are not regularized. In respect of flat Nos.404 and 405 (fourth floor, block-1), the applications are under process. Flat No.403 (block-2), flat No.401 (block-3), BPS applications are rejected, and for which, the Corporation is taking steps for removal of the illegal constructions. So far as 5th floor is concerned, flat Nos.504, 505 and 506 (block-1), 502, 503 and 501 (block-2) and flat No.501 (block-3), BPS applications are rejected for not paying the amount, and for which, the Corporation is taking steps for removal of the illegal constructions. So far as 6th floor is concerned, flat Nos.604, 605 and 606 (block-1), the applications are refused for not paying the amount. In respect of flat No.602 (block-2) and 603 (block-3), the entire amount was paid and BPS applications are pending. So far as 7th floor is concerned, in respect of two rooms and toilets (blocks-2 and 3) and other rooms (block-3), applications are not filed and however, status quo order is in force. Hence, the respondents are taking every step as and when necessary for removal of the unauthorized constructions made by the respondents 4 to 7. 4. The learned counsel for the petitioner contended that in respect of certain flats, applications for BPS are pending with the Corporation and that after taking a decision on the said applications, appropriate proceedings would be initiated against those flat owners and that 6th and 7th floors have been constructed without there being approval or sanctioned plan from the Corporation and that the respondents 4 to 7 also made constructions in the stilt and cellar. Therefore, it is nothing but violation and there is inaction on the part of the Corporation in not taking action. Hence, he prays to give a direction to the respondents-Corporation. 5. On the other hand, the learned standing counsel for the respondents 1 to 3-Corporation, contended that in the cellar portion of the building, unauthorized constructions have been removed, that as some of the flat owners approached the civil Court and obtained status quo order, the 1st respondent Corporation did not proceed further and that in respect of 6th and 7th floors, appropriate decision will be taken by initiating proceedings after giving notice to the affected party under Section 452 of the Hyderabad Municipal Corporation Act, 1955 (for brevity ‘the Act’) and hence, he prays to pass necessary orders in this regard. 6. In spite of service of notice, none appeared for respondents 4 to 7. 7. As seen from the counter affidavit filed by the Corporation, it is clear that the total building was constructed illegally and unauthorizedly. Building is consisting of cellar for parking+ground+seven upper floors. When the unauthorized use of parking place was reported to the Corporation, the Corporation got removed rolling shutters fixed at the place blocking the parking area. In respect of two shops, a notice under Section 452 of the Act has already been issued. Two persons approached the civil Court and obtained status quo order, dated 23-09-2010 in I.A.No.852 of 2010 in O.S.No.3413 of 2010 on the file of the IV Additional Senior Civil Judge, City Civil Court, Hyderabad. That I.A. was dismissed on 13-07-2011. So, the counter allegations remained unchallenged. 8. There is no denial of the statements made in respect of constructions of first floor. The flats in 1st to 4th floors are regularized except first floor flat No.104, block-1, second floor flat No.202, block-2 and in respect of fourth floor flat Nos.404 and 405, block-4, the BPS applications are under process and the entire penal amount is paid. In flat No.403, block-2 and flat No.401, block-3, BPS application are rejected since the amount was not paid. Therefore, it is stated by R-1 to R-3, that they will take suitable steps against the illegal constructions in respect of the flats in which BPS applications are rejected. As regards flat Nos.504, 505 and 506, block-1, flat Nos.502, 503 and 501, block-2, and flat No.501, block-3 of the 5th floor, BPS applications are rejected as amount was not paid. Similarly BPS applications, in respect of flat Nos.604, 605 and 606, block-1 of 6th floor, are also refused. In respect of flat Nos.602, 603, block-3 of 6th floor, entire amount was paid and the BPS applications are pending. In respect of two rooms and toilets constructed in Blocks-2 and 3 and other rooms constructed in block-3 of 7th floor, the BPS applications are not filed. In that case, the owners approached the Civil Court and obtained status quo order in I.A.No.920 of 2010 in O.S.No.3619 of 2010, on the file of the IV Additional junior Civil Judge, City Civil Court, Hyderabad. In view of that, respondents could not take further steps for removing illegal constructions of 7th floor of the building in question. 9. It is astonishing to note that the respondents 4 to 7 have constructed all the flats without any sanctioned or approved plan from the competent authority. In respect of 6th and 7th floors, the constructions are made contrary to the building by-laws. In the cellar+ground+1+4 floors, certain flats were regularized by paying requisite fee under the BPS, but at the same time, owners of flats in 6th and 7th floors have not filed BPS applications. In respect of certain owners, the applications have been rejected. It is an admitted fact that no sanction plan is obtained for the construction of 6th and 7th floors. 10. In view of the same, it is surprising to note that the persons, who violated the law, takes the law into their hands by filing a suit and obtained status quo order. It is nothing but encouraging the persons to make constructions illegally. Therefore, the Corporation shall take immediate steps to get the order of status quo granted by the competent civil Court vacated by filing necessary application. 11. It is a fundamental principle of law that an illegality cannot be perpetuated. The illegality in this case is construction of 6th and 7th floors without there being any sanction plan under the guise of status quo order. 12. Therefore, the respondents 1 to 3-Corporation is directed to take all suitable effective steps in removing the illegal constructions made on the building in which the applications under Building Penalization Scheme were rejected in accordance with law. Similarly, the respondent Corporation is directed to take effective steps for removal of unauthorized constructions of 6th and 7th floors except where one party obtained a status quo order. The Corporation is also directed to remove any structures constructed in stilt and ground floor. This also can be removed after giving a notice under Section 452 of the Act. In respect of flats, for which, applications under BPS are pending with the Corporation, the Corporation shall take appropriate decision after passing necessary orders on the BPS applications. This entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 13. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________________ JUSTICE K.C.BHANU 24th November 2011 kvr