Telangana High Court
A. R.D.Sathyanarayana vs The State Of Telangana on 27 February, 2024
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.5042 of 2024
ORDER:
This Writ Petition is filed for issuance of a Writ of Mandamus to respondent Nos.1 to 4 for not stopping the illegal construction taken up by respondent No.5 in Sy.No.820/B & 820 to the extent of 886.05 square meters situated at 12-12-996 & 12-12-996/1, Maheshwari Nagar, Bharath Nagar Colony, Kukatpally, Moosapet and respondent No.6 in Sy.No.820/A to the extent of 382.01 square meters 12-12-996 & 12-12-996/1, Maheshwari Nagar, Bharath Nagar Colony, Kukatpally, Moosapet, as being illegal, arbitrary, and in violation of principles of natural justice besides Articles 14, 21 and 300A of the Constitution of India, with a consequential direction to the official respondents to conduct a detailed enquiry as per the procedure contemplated under the Greater Hyderabad Municipal Corporation Act, 1955, against the illegal construction taken up by the unofficial respondents.
2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and 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.
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3. Having regard to the manner of disposal of the Writ Petition at the admission stage and the lis involved in this Writ Petition, this Court is of the view that notice to unofficial respondent Nos.5 and 6 is not necessary for adjudication of the present Writ Petition.
4. Petitioner contends that he is the absolute owner and possessor of land, wherein Flat No.405, Badam Apartments, Bharath Nagar Colony, Moosapet, Hyderabad, Medchal-Malkajgiri, is constructed; and that the petitioner had purchased the same long back and having permission for the same.
5. Petitioner further contends that he has been residing in the aforesaid apartment for several years, and while so, respondent Nos.5 and 6 without leaving any setbacks are proceeding with the construction of apartment illegally besides the petitioner's apartment; that due to the illegal construction being made by the unofficial respondents, the petitioner's flat is totally getting blocked; and that the petitioner is being deprived of air and sunlight due to which he is suffering from health issues.
6. Petitioner further contends that he had approached the respondents-authorities and submitted representations dt.26.06.2023, 27.12.2023 and 04.01.2024 bringing to the notice of the authorities the 3 aforesaid issue and in spite of the same, no action is taken. Hence, this Writ Petition.
7. Per contra, learned Standing Counsel appearing for respondent Nos.2 to 4 submits that the construction being made by the unofficial respondents is by obtaining building permission dt.25.06.2022; and that while granting building permission, the unofficial respondents were directed to maintain the setbacks from the boundary line on all sides as specified therein.
8. Learned Standing Counsel further contends that the authorities would cause inspection of both the buildings i.e. of the petitioner as well as the construction being made by the unofficial respondents to see whether the setbacks as prescribed are maintained by each of the builders while making construction and if it is found that the construction has been made or is being made in deviation of the setbacks prescribed, necessary action would be taken to bring such constructions in conformity with the sanctioned plan.
9. I have taken note of the respective contentions urged.
10. While is it the claim of the petitioner of the unofficial respondents making construction without leaving setbacks as prescribed in the building sanctioned plan, since, learned Standing Counsel submitted that the authorities would cause inspection of the construction, wherein the 4 petitioner is living as well as the construction under progress to verify as to whether the prescribed setbacks have been maintained from the boundary line of the respective plots, and if any, deviation is found in the construction, the authorities would take further action to bring such building/construction inconformity with the sanctioned plan, this Court is of the view that the respondents-authorities are to be directed to cause inspection firstly to mark the deviations if any therein and secondly, by issuing notice to the concerned parties noting therein the deviation and call upon them to remove such deviations, failing which, the authorities shall take further action for removal of the deviations made in construction to bring the building inconformity with the sanctioned plan by following due process of law.
11. Subject to above direction, the Writ Petition is disposed of. No order as to costs.
12. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
___________________ T. VINOD KUMAR, J Date:27.02.2024 GJ