Telangana High Court
Smt. P.Renuka vs The State Of Telangana on 28 August, 2024
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.23523 of 2024
ORDER:
Heard learned counsel for the petitioner appearing through hybrid mode, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri M.Dhananjay Reddy, learned Standing Counsel, appearing for respondent Nos.2 to 4, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.
2. Shorn of unnecessary details, the case of the petitioner, in brief, is that she was issued with a show cause notice dt.19.07.2024 (received on 03.08.2024), calling upon her to submit explanation thereto as to why vegetable shop/shed constructed by her should not be removed, inasmuch as the said construction has been made on the road margin.
3. Petitioner contends that immediately on being served with the aforesaid notice, she has approached the respondents-authorities and submitted a reply/explanation dt.06.08.2024, on 07.08.2024; and that the respondents-authorities, without considering the aforesaid explanation submitted, have resorted to part demolition of the petitioner's shop/shed, which action it is contended is highly illegal and arbitrary. 2
4. Petitioner further contends that the aforesaid construction of shop/shed by the petitioner is not on the road margin, but is on the setback area of the Manas Sarovar Apartment Complex, and as such, the notice, as issued to the petitioner, is without authority of law.
5. Per contra, learned Standing Counsel appearing on behalf of respondent Nos.2 to 4 submits that some of the residents of Manas Sarovar Apartment Complex had approached this Court by filing a Writ Petition, vide W.P.No.22120 of 2024, claiming that the subject construction made is outside the compound wall of the aforesaid complex and is on the road margin/footpath and as such, the same is causing obstruction and sought for initiation of action thereagainst.
6. Learned Standing Counsel further submits that the authorities, thereafter having caused inspection and on noticing that the construction is made on the road margin, have issued show cause notice calling upon the petitioner to submit explanation; and that since, the petitioner claims to have submitted her reply/explanation dt.06.08.2024, on 07.08.2024, the authorities would consider the aforesaid reply and pass orders thereon.
7. I have taken note of the respective contentions urged.
8. Though the petitioner claims that the construction of shed/shop is not on the road margin, but is on the setback area of the apartment 3 complex, it is to be noted that in terms of G.O.Ms.No.168 dt.07.04.2012, no construction is permitted even in the setback area.
9. Further, the respondents-authorities, having found that the construction of the shed/shop made by the petitioner to be on the road margin and inasmuch as no such construction can exist on the road margin, as held by this Court in Jubilee Hills Labour W elfare Association, Hyderabad and others v/ s. M unicipal Corporation of Hyderabad 1 , the petitioner cannot justify her action of making the said construction, more so, without obtaining any valid permission or sanction from the respondents-authorities, since, the said construction made by the petitioner is squarely covered by the definition of 'building' as defined under Section 2(3) of the GHMC Act, 1955.
10. However, taking note of the fact that the respondents-authorities having issued a show cause notice dt.09.07.2024, to which the petitioner having submitted her reply dt.06.08.2024 on 07.08.2024, this Court is of the view that the respondents-authorities are to be directed to pass appropriate orders thereon and take further action in accordance with law.
11. Subject to above direction, the Writ Petition is disposed of. No order as to costs.
1 (2003) 6 ALD 790 4
12. It is made clear that this Court has not expressed any opinion on the merits of the matter.
13. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
__________________ T. VINOD KUMAR, J Date:28.08.2024 GJ