Telangana High Court
C.Tel Infosystems Pvt. Ltd vs The State Of Telangana And 2 Others on 11 March, 2022
Author: P. Madhavi Devi
Bench: P. Madhavi Devi
THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION NO.13029 OF 2022
ORDER
This Writ Petition has been filed seeking a Writ of Mandamus directing the respondents not to demolish the existing structure of building in Plot No.31 bearing H.No.1-98/9/18/31, Survey Nos.72 and 73 in an area of 500 square yards, Arunody Cooperative Housing Society, Madapur without following due process of law and to declare the impugned action of the respondents as illegal and arbitrary.
2. It is stated that the petitioner had obtained building permission to construct 1 stilt + 5 upper floors vide Permit No.2/C21/00564/2021 dt.13.01.2021. The petitioner submits that in order to have an eco-friendly structure, it started constructing a green wall within the setback area of its complex within the compound wall of the building. However, the respondents have come to the site on 10.03.2022 and have started demolition of the building and structure without giving any notice.
3. Learned counsel for the petitioner, Sri L. Prabhakar Reddy, submits that a notice ought to have been given to the petitioner before resorting to W.P.No.13029 of 2022 2 demolition of the green wall that has been constructed by the petitioner by erecting certain poles. According to him, it is only a temporary structure.
4. Learned Standing Counsel for GHMC, Sri Sampath Prabhakar Reddy, points out that no erection of any structures, either temporary or permanent, is permitted within the setback area of any building and since the structure, which is supposedly a green wall is erected without any permission and it is clearly an unauthorised structure, the respondents have taken action. He further submits that the petitioner is intending to construct extra area in the guise of the green wall. He further submits that the petitioner itself has given an undertaking vide its letter dt.10.03.2022 to remove the subject structure within one week.
5. Having regard to the rival contentions and also the material on record, it is an admitted fact that the structure that is being erected by the petitioner is in the setback area of the petitioner's property. However, it is not part of the building permission granted by the authorities and therefore it is clearly an unauthorised structure. Learned counsel for the petitioner seeks time to make an application to the authorities to revise the building permission by including the said structure and till such time that the said application is considered, the structures may not be demolished. He further undertook to remove the structures by itself if no permission is W.P.No.13029 of 2022 3 granted by the authorities. However, it is observed that the petitioner has not made any application for revision of the building permission till date and any structure which is being erected in the setback area of the building, which is consisting of 5 floors, could not be permitted, as setback areas are provided for free movement of vehicles such as fire engines, etc., and particularly in a building which is housing number of employees.
6. The petitioner is at liberty to make an application for revised building permission. However, as of now, even the temporary structure which has been erected by the petitioner, cannot be allowed to stand without there being permission as it is likely to cause hindrance to the residents/occupants of the building. When this aspect was pointed out by the Court, the learned counsel for the petitioner sought 15 days' time to remove the subject structures by the petitioner itself.
7. The petitioner is therefore permitted to remove the subject structures within a period of 15 days from today, failing which the respondents are at liberty to take action for their removal. It is made clear that the petitioner shall not make any construction or retain the impugned structures without obtaining permission from the authorities. W.P.No.13029 of 2022 4
8. The Writ Petition is accordingly disposed of. No order as to costs.
9. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 11.03.2022 Note: Issue C.C. by 14.03.2022.
B/o Svv