THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.25546 of 2009 ORDER: The petitioner constructed a building over a site at Eluru after obtaining permission in the year 2001. Sanction for further construction was accorded on 29.04.2009. The plan was deviated on minor aspects on the advise of Engineer and Architect and after the construction is completed, an application was filed under Section 452-A of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) for regularisation. The grievance of the petitioner is that even while the application is pending, the respondent is trying to demolish the portion of the building. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Corporation. The petitioner obtained plan on two occasions in respect of the same building for different floors. On noticing that certain deviations existed, an application was filed under Section 452-A of the Act. Assuming that no such application was filed, the respondent cannot demolish the building or portion of it, without issuing notices under the relevant provisions of the Act. When an application is pending under Section 452-A of the Act, the demolition cannot be resorted to. Hence, the writ petition is disposed of, directing that in case the petitioner has submitted an application under Section 452-A of the Act, the respondent shall not take any steps against the building constructed by him till the application is disposed of. On the other hand, if no such application is pending, further steps shall be taken, only by issuing notices under the relevant provisions of law. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt:01.12.2009 Note: Issue cc in three days. (B/o) kdl