Telangana High Court
B. Srinivas Reddy vs The State Of Telangana And 8 Others on 3 September, 2020
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION NO.14662 of 2020
ORDER:
The present writ petition is filed under Article 226 of the Constitution of India for issue of a writ of Mandamus declaring the inaction on the part of respondent Nos.2 to 8 in taking action on the representations dated 11.05.2020, 16.05.2020 and 06.06.2020 made by the petitioner, whereby the petitioner has brought to the notice of the official respondents about the illegal construction being carried out by the 9th respondent by constructing 6 floor building violating several Government Orders as are applicable to the High Rise Buildings and thereby causing threat and inconvenience to the neighbouring resident people, as being illegal, improper, unjust, violation of established principles of law, violation of principles of natural justice and violation of Articles 14 and 21 of the Constitution of India.
2. The present writ petition is taken up for hearing today, i.e. 03.09.2020, through Video Conferencing.
3. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Sri Sampath Prabhakar Reddy, learned Standing Counsel appearing on behalf of respondent Nos.2 to 8.
4. Learned Counsel for the petitioner while reiterating the writ averments would submit that the petitioner is a registered society concerning the public causes and on coming to know about the illegal construction being made in plot Nos.9, 10 and 11, in Sy.Nos.149 to 155 of Gopal Nagar, Hydernagar Village, Kukatpally Mandal, Moosapet Circle, approached respondent authorities and made representations dated 11.05.2020, 16.05.2020 and 06.06.2020, bringing to the notice of the respondent said authorities about the illegal construction being made. 2 It is submitted by the learned Counsel for the petitioner that, despite the petitioner bringing to the notice of the respondent authorities about the illegal construction being made in plot Nos.9, 10 and 11 in contravention of the building Rules, by the representation mentioned above, the respondent authorities have not taken any action till date and as a result, the unofficial respondent is proceeding with the construction and has constructed six floor building, violating several Government Orders as are applicable to the High Rise Buildings while causing threat and inconvenience to the neighbouring resident people and thus seeks a direction from this Court to the respondent authorities to take necessary action on the representations made by the petitioner herein.
5. On the other hand, Sri Sampath Prabhakar Reddy, Learned Standing Counsel would submit that the respondent authorities would consider the representations made by the petitioner and necessary action would be taken thereon, if any such illegal construction is carried out without obtaining valid permissions from the authorities concerned.
6. Having regard to the submissions made as above, since it is claimed that an illegal construction in contravention of building Rules is being carried on in plot Nos.9, 10 and 11, for which the petitioner having approached the respondent authorities who are bestowed with the duty and powers under the provisions of HMC Act, 1955 to ensure no illegal constructions come up, this Court is of the view that the 5th respondent authority can be directed to look into the representations made by the petitioner on 11.05.2020, 16.05.2020 and 06.06.2020 and take necessary action against the illegal construction, if any made in plot Nos.9, 10 and 11, by initiating action under the provisions of the HMC Act, 1955, after giving notice to all the parties concerned and following due process of law. Since, it is stated that due inaction on part of the respondent 3 authorities, the 9th respondent is proceeding with the illegal construction, the 5th respondent authority shall take necessary steps by initiating action within a period of 4 weeks from the date of receipt of a copy of this order.
7. Subject to the above direction, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
__________________ T. VINOD KUMAR, J Date:03.09.2020 GJ