Indian Kanoon - Search engine for Indian Law

24. Another Single Judge of this Court later in K.M. Pratap R. Koteswara Rao v. State of Telangana and others referring to several earlier expressions of the Apex Court in pointing out the inaction of the municipal authorities for the illegal construction made in brazen violation of the building laws, by one of the unofficial respondents happened to be Member of the Legislative Assembly in showing apathy by the authorities to him including the conduct of the municipal authorities before the Court shows no mood to prevent the ex facie illegal constructions, with cold approach towards him; that for the unauthorised construction made even the unofficial respondent wanted to take advantage of the regularisation of the rules of 2015 subsequently brought into force in G.O.Ms.No.152, dated 02.11.2015 to cover regularisation of the building constructed from 01.01.1985 to 28.10.2015 stated applied on 07.11.2015, that could not excuse for the municipal authorities not to remove the unauthorised constructions from 21.04.2015 made by unofficial respondents when notice under Section 636 of the Act already issued, to sleep under the shelter of the regularisation application made. It is observed in reference to the building bye-laws putting an obligation on the authority in deviation to the sanctioned plan with periodical inspection to take appropriate action. It is pointed out referring to the Building Rules 2012, which are a self contained code of which Table III Rule 5 when prescribes minimum setbacks and permissible height depending upon the size of the plot and table 5 Rule 13 prescribes parking requirements etc., and Sl.No.4 thereof pertains to residential apartments, complexes, schools, colleges and other educational buildings strictly to be adhered to, for the notice issued under Section 452 of the GHMC Act by the Commissioner requiring the person making the unauthorised construction contrary to the approved plan to show cause why it shall not be removed, altered or pulled down, if that person failed to show sufficient cause, later may remove, alter or pull down the building or the work and the expenses thereof shall be borne by such person. It is observed Section 636 of the GHMC Act enables either for the construction without obtaining permission or for deviation or permission subsequently suspended or revoked, all such works shall be deemed to be unauthorised by writing notice requiring to remove, pull down or undone, as the case may be, if not applied within time prescribed, the authorities shall cause remove, alter or undo such thing at the expenses of that making unauthorised construction.