HONOURABLE SRI JUSTICE K.C. BHANU WRIT PETITION No.32451 of 2010 Date of Order:17.11.2011 Between: Sangeetha Nagar co-operative Housing Society Ltd., rep. By its Secretary. ..Petitioner and The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner and others ..Respondents The Court made the following Order: HONOURABLE SRI JUSTICE K.C. BHANU WRIT PEITTION No.32451 of 2010 ORDER :- This writ petition is filed by the petitioner seeking to issue a writ of Mandamus declaring the action of the 2nd respondent in not taking any action on the representation, dated 07.12.2010, submitted by the petitioner society for stopping the unauthorised construction made by the 3rd respondent as illegal, arbitrary and contrary to the provisions of the Hyderabad Municipal Corporation Act, 1955 (for short, “the Act”) and consequently direct the 2nd respondent to take immediate action as per the provisions of the Act and further direct the 2nd respondent to demolish the unauthorised constructions made in plot No.681 of Vivekananada Nagar Colony, Kukatpally, Hyderbad. 2. The brief facts, which are necessary for disposal of the writ petition, are as follows:- The petitioner society has purchased an extent of about Ac.110-00 of land in various survey numbers and made an application for grant of layout permission for demarcating the land into plots of various sizes; that the HUDA has granted permission in Letter No.6778/MPU/HUDA/81, dated 01.03.1983; that the final layout was also released and the land was demarcated into plots of various sizes and the same were sold to various persons; that the colony is named as ‘Vivekananda Nagar Colony’. It is further stated that all the purchasers of the plots are the members of the petitioner society. As per clause 10 of the regulation governing procedure allotment of plots to members provides that every member to whom a plot has been allotted shall construct a residential house in accordance with the plans and designs approved by the society and the town planning department. The 3rd respondent, who is a member of the society, is constructing the building in deviation of the approved plan and is causing inconvenience to the neighbours. Therefore, the petitioner society made a representation to the 2nd respondent on 07.12.2010. The 1st respondent has not initiated any action on the representation so made by the petitioner society. Hence, the present writ petition. 3. A detailed counter affidavit has been filed by the 1st and 2nd respondents stating that the 3rd respondent has obtained permission for construction of residential building for stilt + ground + first floor. During the inspection, it is noticed that the 3rd respondent made construction in deviation of the sanctioned plan without maintaining open space in front side in stead of 10’-0” towards northern side, maintained only 4’-0” as insisted in the sanctioned plan and also laid R.C.C. slab, 2nd and 3rd floors by laying slab centering unauthorisedly. Therefore, the 2nd respondent issued notice under Section 452 of the Act with a direction to show cause as to why the building or portion of the building made contrary to the sanctioned plan could not be removed. As the 3rd respondent has not complied with the above notice, the 2nd respondent issued a notice under Section 636 of the Act with a direction to remove the illegal constructions so made. The said centering was removed departmentally many times. But the 3rd respondent is proceeding with the construction by obtaining a order from the Principal Senior Civil Judge, Ranga Reddy District, in I.A.No.1571 of 2010 in O.S.No.1594 of 2010, without issuing notice under Section 685 of the Act and also notice before commencement of construction under Section 440 of the Act. 4. Learned counsel for the petitioner contends that the 1st and 2nd respondents admitted that the 3rd respondent was making constructions deviating from the sanctioned plan and, therefore, a direction may be given to the 3rd respondent not to make illegal constructions. 5. Learned Standing Counsel for the 1st and 2nd respondents contends that on physical verification, it is found that the 3rd respondent made certain constructions contrary to the sanctioned plan and, therefore, notices under Sections 452 and 636 of the Act were issued to the 3rd respondent; that in the meanwhile, when the illegal constructions were got removed by the Municipal Corporation, the 3rd respondent obtained a status quo order in I.A.No.1571 of 2010 in O.S.No.1594 of 2010; and hence, the municipality cannot proceed with further in demolishing the illegal structures and the Municipal Corporation is taking steps to file counter in the interlocutory application and get it vacated. 6. The 3rd respondent did not claim the notice and, therefore, this Court held that it is a deemed service. As seen from the counter filed by the 1st and 2nd respondents, it is a fact that the 3rd respondent made constructions without obtaining any sanction for the construction of 2nd and 3rd floors. Though he obtained a sanction of the building plan for construction of the stilt, ground and first floors, there were certain deviations in the said construction. Therefore, the Municipal Corporation has promptly initiated the proceedings by issuing notices under Section 452 and 636 of the Act. The 1st and 2nd respondents also got removed the centering of the 3rd floor several times. But in the meanwhile the 3rd respondent obtained status quo order from the competent civil court. 7. In view of the fact that the status quo order is passed by the competent civil court, the 3rd respondent is directed not to make any further constructions. The 1st and 2nd respondents shall take all necessary steps by filing a counter in the I.A.; get an order on merits in accordance with law; and thereafter proceed to demolish the structures, if there are any deviations. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ________________ K.C. BHANU, J November 17, 2011 lmv HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.32451 of 2010 Date: 17.11.2011 LMV