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existing 3rd floor, whereas the existing structure was ground + 2 floors. Hence, the proceedings under Building Penalization Scheme dated 05.07.2010 was cancelled and the respondent Corporation has issued proceedings vide Proc.No.BPS/4870/ C7/CZ/2008-13 dated 14.05.2013. The petitioner has not challenged or appealed against the said cancellation order. It is further averred that the petitioner again applied under the new Building Regularisation Scheme, 2015 on 27.11.2015 for regularization of his construction consisting of ground + 3 upper floors along with additional ramps constructed over the common passage.
Section 636 of the Hyderabad Municipal Corporation Act, 1955 (hereinafter referred to as 'the HMC Act') vide Lr.No.4870/ TPS/C7/CZ/GHMC/2017 dated 10.08.2017 directing the petitioner to vacate the illegal construction of ground + 3 upper floors within 24 hours. Again the respondent Corporation has issued notice under Section 636 of the HMC Act on 08.08.2018. But, the petitioner did not comply with the speaking order dated 10.08.2017 and 08.08.2018. The respondent Corporation has not taken any further action in respect of the premises, as the application under the Building Regularisation Scheme has not been disposed of. However, the ramp constructed over the common passage cannot be regularized and the same is illegal even considering the pendency of the application. The respondent Corporation had issued a letter dated 05.01.2019 to the police officials seeking protection for the demolition of ramp portion and the roof laid over the common passage and after following the due procedure, the respondent Corporation demolished the ramps constructed illegally.
10. It further reveals from the record that the petitioner has made an application under the new Building Regularisation Scheme of 2015 dated 27.01.2015 for regularization of his construction consisting of ground + 3 upper floors along with additional ramps constructed over the common passage. In the meanwhile, respondent No.5 filed Writ Petition No.40246 of 2012 questioning the action of the respondent authorities therein in not taking any consequential action in furtherance of notice dated 20.11.2012 under HMC Act and not taking any steps to restrain the respondent No.4 from making further construction and also not considering the representation dated 30.09.2012 and the said Writ Petition was disposed of on 06.02.2017 and the operative portion of the order is extracted hereunder: