Telangana High Court
Rohith Shinde vs The State Of Telangana on 19 April, 2024
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.8933 of 2024
ORDER:
This Writ Petition is filed to for issuance of a Writ of Mandamus to declare the inaction of the respondents-authorities in taking action against the illegal construction being undertaken by respondent Nos.4 and 5 in respect of house bearing No.4-3-8/3/1 situated at Bhuktapur, Adilabad District, deviating from sanction permission dt.03.12.2019, as being arbitrary, vindictive, illegal, violative of Articles 14, 16 and 19 of the Constitution of India and contrary to provisions of the Telangana Municipalities Act, 2019 (for short, 'the Act').
2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri M.Ram Mohan Ready, learned Standing Counsel, appearing for respondent No.3 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.
3. Having regard to the manner of disposal of the Writ Petition at the admission stage and the lis involved, this Court is of the view that notice to unofficial respondent Nos.4 and 5 is not necessary for adjudication of the present Writ Petition.
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4. The case of the petitioner in brief is that the unofficial respondents by obtaining permission dt.03.12.2019 from respondents-authorities for construction of residential building consisting of stilt + two upper floors are making construction in deviation of the sanction plan by constructing a commercial complex.
5. Petitioner further contends that on noticing the aforesaid unauthorized and illegal construction being made in deviation of the sanction plan, the petitioner had approached the respondents-authorities and submitted representations dt.27.02.2024 and 11.03.2024, bringing to the notice of the authorities the aforesaid unauthorized and illegal construction and sought for initiating necessary action, and in spite of the same, no action is taken and nor the building permission granted in favour of the unofficial respondents has been revoked.
6. Per contra, learned Standing Counsel submits that though the unofficial respondents have obtained building permission for construction of residential building consisting of stilt + two upper floors, vide permission dt.03.12.2019, the unofficial respondents did not take up construction on the basis of the aforesaid permission.
7. Learned Standing Counsel further submits that the unofficial respondents thereafter have obtained fresh permission on 29.10.2022 for construction of a commercial building consisting of one stilt + three upper 3 floors and are proceeding with the construction of commercial complex on the basis of the aforesaid permission.
8. Learned Standing Counsel however submits that the unofficial respondents while making construction of the commercial building as per the permission dt.29.10.2022 have made certain deviations in setback area and the respondents-authorities by noticing the same have issued a show cause notice on 15.04.2024 calling upon the unofficial respondents to remove the deviations made in the setback area within seven days, failing which, the unofficial respondents were informed that further action in accordance with the provisions of the Act would be taken.
9. By stating as above, learned Standing Counsel has placed written instructions before this Court under the signature of the Commissioner, Municipal Council, Adilabad, dt.15.04.2024.
10. I have taken note of the respective contentions urged.
11. Though the petitioner has filed this Writ Petition claiming that the unofficial respondents are making construction of a commercial complex while permission was obtained for residential building, in view of the submissions made by the learned Standing Counsel appearing on behalf of respondent No.3 to this Court that the unofficial respondents having obtained a fresh permission on 29.10.2022 for construction of a 4 commercial complex, the claim of the petitioner of the said construction of commercial building being unauthorized and illegal, cannot be accepted.
12. However, as the respondents-authorities by the written instructions as placed before this Court have stated that the authorities on noticing certain deviations with regard to the setbacks, having issued a notice to the unofficial respondents, vide proceedings dt.15.04.2024, this Court is of the view that the respondents-authorities are to be directed to take further action in the matter by following due process of law so as to bring the subject building in conformity with the sanction plan.
13. Subject to above observation and direction, the Writ Petition is disposed of. No order as to costs.
14. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
___________________ T. VINOD KUMAR, J Date:19.04.2024 GJ