Sandhya Constructions and Estates Private Limited Formerly known as Sandhya Hotels Private Limited vs Greater Hyderabad Municipal Corporation GHMC and another

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) Between: Sandhya Constructions and Estates Private Limited (Formerly known as San-dhya Hotels' Private Limited), A Company registered under the provisions of the Companies Act, Having its registered office at Sy.No.86,87,90,91, Sandhya Techno-1 , Opp Sunshine Hospital, Raidurg Main Road, Hyderabad, Telangana- 500032, Rep. by its Managing Director, Mr.

S.

Sreedhar Rao, S/o.

Babu Rao, lndian, aged-about 45 years, Rio.

Srivatsam, Plot No.52, Road No.10C, Jubilee Hills, Hyderabad. ...PETITIONER '1 .

Greater Hyderabad Municipal Corporation (GHMC) and another, rep. by its Commissi6ner, CC Complex Tank Bund Road, Lower Tank Bund, Hyderabad- 500063 2.

The Dy.Commissioner, Circle-20, West Zone, Greate-r Hyderabad Municipal Corpoiation, Serilingampally [,4andal, Ranga Reddy District ..,RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the impugned proceedings of the 2nd Respondent in Order Lr.

No.B6/UC/1 041 C-2OfiPSlGHMCl2}21 dated 03-06-2021' without issuance of a show cause notice as illegal, arbitrary and u nco nstitutional and consequently set aside the impugned proceedings of the 2nd Respondent in Lr.

No.86/UC/1 04t C-20 ITPS I GHMC 12021 dated 03-06-202 1 .

AND Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to FRIDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE MRS.

JUSTICE SUREPALLI NANDA WRIT PETITION NO: 24131 OF 2022 lA NO: 1 OF 2022 suspend the dated 03-06-202 impugned in Lr.No.86/UC/'104/C-20/TPS/GHl\ttcl2021 land stay of demolition of Petitioners building at Sy.No.

Sy.No.

No.

Sy.No.86,B7lP,88/1 ,90/4,90 18,9111,9112 and 92 of Raidurg Panmaktha Village, Se ri I i n gam pal ly IVIandal.

Counsel for the Petitioner: Smt.

A.SATYASIRI, ,Advocate.

Counsel for the Respondents: SRI SAMPATH PRABHAKAR REDDY, SC FOR GHMC The Court made the following : ORDER I THE HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PDTITION No.2413 1 of 2022 o RDER: Heard Mrs'A'Satyasiri, learned counsel for the petitioner.

Heard Sri Sampath Prabhakar Reddy' learned standing counsel for GHMC appearing for the respondents' 2.

The Writ Petition has been filed by the petitioner being aggrieved by the speaking order of the 2"4 respondent 1n Letter No'86/UC/ 7O4lC' 20lTPS/ GHMC I 202r, dated 03'06'202 1' 3.

Learned counsel for the Petitioner mainly contends as follows : (i) That the impugned speaking order vide Letter No.86/UC/ rO4lC-2O|TPS/GHMC/2O21 is dated 03.06.2021 but signed on 01.06'2022, actwally served on the petitioner only on 03.06.2022 at 12'00 noon' (ii) As per the impugned order, the petitioner was unilaterally directed to demolish the slab in second floor' which is provided for capsule lift and escalator in the sanctioned plan within twenty four hours, unilaterally and irrationally.

2 \ SN,J W.P No.24131_2022 (iii) The impugned order is contrary to the specific directions of the High Court passed on 06.04.2022 in W.P.No.6285 of 2O2t in C.C.No.626 of 2Oil, which clearly held that the respondent/GHMC was obligated to issue notices to all the individual owners and take necessary action strictly in accordance with law if GHMC finds that the constructions are contrary to the municipal plan salctioned by the GHMC. (iv) The impugned speaking order is contrary to Section 636 of GHMC Act, 1995, which clearly mandates issuance of notice prior to any removal or demolition of any unauthorized construction bv GHMC.

4.

Learned counsel for the respondent/GHMC, on the other hand, submits as follows : (i) That the directions of High Court dated 06.04.2022 passed in W.p.No. in W.p.No.6285 of 2O2t in C.C.No.626 of 2021 were in respect of internal walls already constructed by the individuai owners of the land and that the respondent/GHMC was not proceeding with demolition of the said internal walls without issuing notice to all the concerned individual owners.

J I SN,J w .P .No .24131 _2022 (ii) Learned counsel for the GHMC however fairly admits that no prior notice has been issued to the petitioner prior to passing of impugned speaking order dated O3.06.2O2L calling upon the petitioner to demolish the unauthorizedly laid slab in second floor, which is provided for capsule lift and escalator in the sanctioned plan within twenty four hours.

5.

Taking into consideration the above submissions and after perusal of the material on record, this Court opines that the impugned speaking order of the 2nd respondent in Letter No.86/UC/ lO4/C- 2OITPS/GHMCl2O2l dated 03.06.2021. is in clear violation of principles of natura,l justice and is accordingly set aside.

6.

In the result, this Writ Petition is atlowed without costs.

However, it is made clear that the respondents, if so desired, are at liberty to issue fresh notice to the petitioner within two weeks from today and to initiate appropriate action against the petitioner in t I I 4 SN,J W.P.No.24131 2022 accordance with law and pass appropriate orders giving reasonable opportunity to the petitioner.

Miscellaneous petitions, if any, pending shail stand closed.

Sd/.

P.PADMANABHA REDDY ,TRUE COPY// ASSISTANT REGIST SECTION OFFICER \ To, 1.

The Commissioner, Greater Hyderabad Municipal Corporation (GHMC)' CC Compt"x Tank Bund Road, Lower Tank Bund, Hyderabad- 500063 Z. ifre Oy.iommissioner, Circle-20, West Zone, Greater Hyderabad Municipal Corpoiation, Serilingampally Mandal, Ranga-Reddy District 3.

One CC to Smt.

A.

SATYASIRI, Advocate IOPUC] +.

O"" CC to SRI SAMPATH PRABHAKAR REDDY, SC for GHMC IOPUC] 5.

Two CD CoPies 6.

One SPare CoPY SB I HIGH COURT DATED i 0310612022 ORDER WP.No.

DER WP.No.24131 of 2022 ALLOWING THE WRIT PETITION WITHOUT COSTS.

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