Telangana High Court
Sri. Anil Kumar Nagavaram vs The State Of Telangana on 26 June, 2023
HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.16023 of 2023
ORDER:
Heard learned counsel for the petitioners and learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1; Sri.M.A.K.Mukheed, learned standing counsel for GHMC appearing for respondent Nos.2 and 3. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.
2. This Writ petition is filed with the following prayer "to declaring the rejection order vide Notice No.9846/DIR/EVDM/E/GHMC/2023 dated 21.06.2023 passed by the 3rd respondent without considering the reply submitted by the petitioners and by SBR Gateway Welfare Association despite there being a direction in W.P.No.12913 of 2023 vide order dated 28.04.2023 to the 3rd respondent to consider the same in accordance with the provisions of Greater Hyderabad Municipal Corporation Act, 1955 as being arbitrary, illegal and contrary to the provisions of GHMC Act, 1955 violative of Article 14, 21 and 300-A of the Constitution of India ." 2
3. Learned counsel for the petitioners submits that originally the petitioners' vendor M/s. Sandhya Hotels Pvt Ltd is the absolute owner and possessor of the land admeasuring 2332 sq.yards in the premises bearing Plot Nos.13, 13/1, 11 situated in Sy.No.64, Huda Techno Enclave Sectior-II, Madhapur, Hyderabad. Petitioners' vendor after obtaining permission from respondent No.2 vide permit No.166/77 dated 12.08.2008, constructed Sub-Cellar, cellar for parking, Ground+4 upper floors. It is further submitted that at the time of inspection of the constructed property respondent No.2, found minor deviation in the aforesaid constructed property and the petitioner vendor was asked to pay compounding fee of Rs.7,04,960/- and after payment of the same and since, the deviations were minor and within permissible limits respondent No.2, issued Occupancy Certificate Vide No.A/3477/TPS/TP11/GHMC/2010 dated 12.08.2011.
4. Learned counsel for the petitioners further submits that in the year 2011, petitioners' vendor had alienated the commercial blocks/units to various people and the petitioners also 3 purchased the office unit No.106 in First floor with a plinth area of 4720 Sq. feet, which includes the common areas together with the undivided share of land equivalent to 130 Sq.yards out of 2322 Sq.yards on which the commercial complex is built. Thereafter, the petitioners along with other have formed Society 'SBR Gateway Welfare Association' under the Societies Registration Act, 2001 vide registered No.1701/2014 dated 16.12.2014.
5. While the thing stood thus, respondent No.3 on complaint from one anonymous person issued notice under Section 452(1) & 461(1) of GHMC Act 1955 No.9846/DIR/EVDM/E/GHMC/2023 dated 21.04.2023, wherein the petitioners were directed to submit a reply, duly enclosing relevant documentary proofs substantiating the authenticity of the structure against the deviations found, within (7) days from service of this notice, failing which further action will be intitated as per Section 636, 596, 461(4)/ & 461-A of GHMC Act. It is further submitted that aggrieved by the notice 4 dated 21.04.2023 petitioners filed W.P.No.12913 of 2023 and this Court by orders dated 28.04.2023 passed the following order:-
"In view of the above submissions, this Court is of the view that this Writ Petition can be disposed of directing the petitioners to submit an explanation to the impugned show cause notice, dated 21.04.2023, issued under Section 452 (1) and 461 (1) of the Act, within a period of two (02) weeks from the date of receipt of a copy of this order. If such an explanation is submitted by the petitioners, respondent Nos.2 and 3 are directed to consider the same in accordance with the provisions under the Act and pass appropriate orders. Till passing of orders on the explanation, respondent Nos'2 and 3 are directed not to take any coercive action against the property of the petitioners in any manner. with the above directions, the writ petition is disposed of. No.Costs."
It is further submitted that subsequent to receiving the certified copy of the order dated 28.04.2023, petitioners through their Association submitted a detailed reply on 12.06.2023 by enclosing all the material evidence and requested to drop the proceedings.
6. Leaned Standing counsel for GHMC has drawn attention of this Court to reply notice issued by respondent No.3 dated 21.06.2023, wherein the reason for rejection reads as under:-
"As per the Hon'ble High Court orders you have submitted reply vide ref (4) cited where in you have mentioned only the orders given by Hon'ble court but no explanation or documentary evidence was submitted against the notice issued vide ref (2). Further, you have submitted another reply vide ref(5) to the office but the reply is bound the time frame of (02) weeks provided by structural deviations were made after the issuance of occupancy certificate but the said structure has zero setbacks on both sides as mentioned above which goes against 5 the sanction plan and violates the fire safety norms as per N.B.C of 2005.
Therefore, the reply submitted by you vide Ref (4), (5) is considered and herewith rejected and disposed, further action will be initiated against the said unauthorized structures as per GHMC Act."
It is further submitted that if the petitioners submit any reply to respondent authorities, by enclosing all the documentary evidence, the respondent authorities may be directed to consider the same and pass orders in accordance with law.
7. At this stage, learned counsel for the petitioners seeks permission of this Court to submit representation to respondent authorities and submit all the documentary evidence and pray this Court to direct the respondent authorities to consider the same and pass orders in a time bound period and further pray till such time the respondent authorities may be directed not to take any coercive steps.
8. In view of the submission made by learned counsel appearing on either side, this writ petition is disposed of granting liberty to the petitioner to submit representation by duly enclosing relevant documentary proofs, within a period of (1) one week from the date of receipt of copy of this order and thereafter, the respondent authorities are directed to dispose the 6 same and pass appropriate orders strictly in accordance with law, as expeditiously as possible and communicate the same to petitioners. However, till the completion of the above said process the respondent authorities are directed not to take any coercive steps. It is also made clear that if the petitioners fail to submit reply to respondent authorities, within a period of one week from the date of receipt of copy of this order, this order does not come in the way of the respondent authorities in taking further action in accordance with law.
9. Accordingly, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.
______________________________ N.V.SHRAVAN KUMAR,J 26.06.2023 Su Note :-
Issue C.C. in three days.