IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 11987 of 2001 BETWEEN: Smt. Radha Bai W/o. Rama Rao Badayat, R/o. 1-2-22 & 1-2-23, Domalguda, Hyderabad. ... PETITIONER AND Municipal Corporation of Hyderabad. Rep by its Commissioner Tankbund Road, Hyderabad. ...RESPONDENT 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 declare the notice dt.16.6.2001 contained in Letter No.179/TPS/C3/MCH/2001 of the respondent as illegal, arbitrary and unjust by issuing appropriate Writ of Mandamus or direction and pass such other order or orders. Counsel for the Petitioner: MR.M.V.S.SURESH KUMAR Counsel for the Respondent: MR. R. RAMACHANDRA REDDY SC FOR MPL. CORP. The Court made the following: ORDER: Petitioner submits that she is the owner of the premises bearing No.1- 2-22 and 1-2-23 situated at Domalguda, Hyderabad and the respondent corporation sanctioned a plan for permission of construction of 1st, 2nd and 3rd floors as per permit No.164/13 in I.No.83/TP3/CCP/2000 dated 29.02.2000 and she completed the construction as per the sanction plan only without any deviation. While so, the respondent – corporation issued a notice in Lr.No.179/TPS/C3/MCH/2001 dated 16.06.2001 under Section 63 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) to remove/pull down the illegal construction of the pent house constructed against the permission obtained. 2. Learned counsel for the petitioner submits that the construction of the pent house does not in any way affect public interest and as per the orders of this Court the power of demolition shall be exercised by the Corporation if the deviations are not in the public interest, therefore, the construction of the pent house though not covered by the sanction plan does not affect the public interest and therefore, the issuance of the impugned notice is illegal and arbitrary. 3. I am unable to accept the said contention of the learned counsel for the petitioner as the construction of pent house is not authorized by the permission/sanction plan and any construction of the pent house or extra floor without taking permission under Section 428 of the Act by paying the requisite building permission fee etc is authorized, therefore, it cannot be said that the construction of the pent house will not affect the public interest. The writ petition is accordingly dismissed with a liberty to the petitioner to avail the benefit extended by the Government from time to time for regularization of the unauthorized construction. There shall be no order as to costs. ______________ V. ESWARAIAH, J July 4, 2008 DSK