Telangana High Court
Bejjanki Swarupa Rani vs The State Of Telangana And 4 Others on 25 February, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
THE HON'BLE SMT.JUSTICE P.MADHAVI DEVI
WRIT PETITION Nos.2949 of 2021 & 10224 of 2022
COMMON ORDER :
These two writ petitions are filed by the same petitioner against the notice issued by respondent No.3 for demolition of the encroachments made by the petitioner and also against the subsequent steps being taken to demolish the house property of petitioner.
2. The learned counsel for petitioner submitted that building permission is obtained in the year 2019 and the construction is completed in 2021, and that while the construction was going on, a notice was issued to the petitioner, which was challenged in W.P.No.2949 of 2021. Thereafter, the respondents have demolished the encroachment made by the petitioner on the road on 28.10.2021, and that the respondents are now again threatening to demolish the property of the petitioner. According to him, respondents have already demolished the encroachment on 30 feet 2 PMD, J W.P.Nos.2949 of 2021 and 10224 of 2022 road after issuance of a notice and further demolition without any basis would affect the building.
3. The learned Standing Counsel, Ms.P.Lakshmi, submits that pursuant to the notice dated 10.11.2020, the encroachment on road was removed, but later it was also found that the petitioner has made several other deviations and has also built shutters in the ground floor in deviation to the building permission given to him, and therefore, action is being contemplated against the same. She submits that a complaint has also been made before the Lok Ayuktha by respondent No.5 and respondent No.2 has been directed to file the action taken report, pursuant to which, the respondents are taking steps in accordance with law.
4. At this juncture, the learned counsel for petitioner submits that the petitioner is ready to remove all the deviations including the shops on the ground floor, by himself, as he apprehends that if the demolition is undertaken by respondent No.2, the pillars would be affected and the building itself would be affected. The petitioner is therefore, permitted to remove the 3 PMD, J W.P.Nos.2949 of 2021 and 10224 of 2022 encroachments/deviations by himself subject to the inspection and satisfaction of the respondents. Subject to the same, the respondents are directed not to interfere and demolish the property of the petitioner.
5. With the above directions, both the writ petitions are disposed of. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
_____________________ P.MADHAVI DEVI, J.
Date: 25.02.2022 ajr