High Court · 2025

Judgment

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Petition under Article 226 of the 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 or order more particularly one in the nature of writ of Mandamus decraring the action of the respondents especially 3'd respondent in issuing the notices dated 05'06'2025 (received on '16 06'2025) and 01.07.2025 instructing the petitioners to stop the excavation of Cellar despite the fact that, the petitioners proposed to construct the buirding as per approved plan daled 21.04.2025 issued by the GHMC and the action of the 3rd respondent in issuing the notices is iregar, arbitrary and against the principles of natural iustice and consequently set aside the notices dated 05 06 2025 and 01 07 '2025 I I i l :I I lA NO: 1 OF 2025 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 direct the respondents not to interfere with the petitioners' construction activity, which is undertaken in pursuance of the sanction plan dated 21 .04.2025, bY suspending the notices dated 05.06.2025 and 01 .07.2025 issued by the 3'd respondent, pending disposal of above writ petition Counsel for the Petitioner: SRl. A. RAVINDER REDDY SENIOR COUNSEL REP SRI SESHADRI GOALLA Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos. 2to4: SRI G. MADHUSUDHAN REDDY, SC FOR GHMC The Court made the following: ORDER w t t i 'r&. : i I I THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.21664 OB 2025 ORDER: (ORAL) This writ petition is filed by the petitioners seeking to declare the action of respondent No.3 in issuing notice dated

05.06.2025 arrd 01.07.2025 instructing the petitioners to stop excavation of cellar, despite their proposal to construct the buitding in accordance with the sanctioned plan issued by the GHMC vlde pemit No.0687/GHMC/SEC 12025 -BP dated 21.04.2025, as being illegal and arbitrary.

2. Heard Mr. A. Ravinder Reddy, leamed senior counsel, appearing for Mr. Seshadri Goalla, leamed counsel for the petitioners, and Mr. G. Madhusudhan Reddy, leamed standing counsel for the GHMC, appearing for respondent Nos.2 to 4.

3. Leamed senior counsel appearing for the petitioners submitted that the petitioner No.l - firm purchased the residential house bearing No.24-144 admeasuring 1232 square yards in Survey Nos.4, 30, 31, 32, 481 and 493 situated at Vimaladevi Nagar, Malkajgiri, Medchal-Malkajgiri District, under registered 2 sale deed bearing document No.8864 of 2018 dated 29.10.2018. It is submitted that as the land had loose soil, experts of the Jawaharlal Nehru Technological University (JNTU) tested the same and on their advice, the petitioners started removing loose soil from the entire site up to three (3) meters to lay strong foundation. It is further submitted that while things stood thus, respondent No.3 issued notice dated 05 .06.2025 (received on

16.06.2025) and 01.07.2025 instructing the petitioners to stop rhe excavation of cellar stating that it is contrary to the sanctioned plan.

4. Leamed senior counsel submitted that after excavation of loose soil, the petitioners have also fiIled the same with strong soil pursuant to the Geo Technical Report. However, respondent authorities without considering the same issued the impugned notlces.

5. Learned senior counsel also drawn attention of this Court to the paragraph No. 17 of the writ affidavit and submitted that the petitioners have undertaken not to construct the cellar and they have hlled up excavated porlion with strong soil and would I 3 construct the building strictly in accordance with the sanctioned plan issued by the GHMC dated21.04.2025

6. Learned standing counsel for the GHMC, appearing for respondent Nos.2 to 4, placed on record the written instructions and submitted that on the complaint from Vandemataram Senior Citizen Day Care and Pathanalayam Welfare Association, located at Vimala Devi Nagar, Malkajgiri, alleging illegal construction undertaken by the petitioners on the existing well in the subject propefty, notice dated 05.06.2025 was issued to the petitioners to halt the unauthorized excavation of a cellar on the well. The petitioners have submitted reply dated 2l-06.2025 to the notice dated 05.06.2025. As the respondent authorities were not satisfied with their explanation, a follow-up notice dated 01.07 -2025 was issued to the petitioners directing them to immediately stop the unauthorized excavation.

7. In view of the undertaking given by the petitioners in paragraph No.17 of the writ afhdavit that the excavated portion will be filled up with strong soil and cellar wilt be closed, and building would be constructed strictly in accordance with the I \ l I : 4 sanctioned plan, the writ petition is disposed of, directing the petitioners to construct the building in the subject property strictly in accordance with the sanctioned plan dated 21.04.2025. Further, as the petitioners have undertaken to fill up the.excavated porlion with strong soil, respondent authorities are directed not to give any effect to the notice dated 05.06.2025. However, if it is found that the excavated portion is not filled up or if the building is not constructed in accordance with the sanctioned plan, respondent authorities are at liberly to take action against the petitioners, in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, SD/.K. SREE RAMA MURTHY EPUTY REGISTRAR {\ //TRUE COPY// I SECTION OFFICER To, II i

1. The Principal Secretary, Municipal Administration Department, Secretariat, Hvderabad. Telanoana State. -Commissionei, Z. t6e Bund Road, Hyderabad. Greater Hyderabad Municipal Corporation, Office at Tank

3. The Deputy C6mmissioner,Greater Hyderabad Municipal Corporation, Malkjgiii Circle, Medchal-Malkajgiri District. Commissioner, Secundrabad Zone, Hyderabad. +. ine dreater Hyderabad Munici!?l Corporation, Represented by its Zonal 5. One CC to SRl. SESHADRI GOALLA, Advocate TOPUCI 6. Two CCs to GP FOR MUNICIPAL ADMINISTRATION AND URBAN 7. ONC CC tO SRI. G, MADHUSUDHAN REDDY, SC FOR GHMC [OPUC] 8. Two CD Copies DEVELOPMENT ,High Court for the State of Telangana, at Hyderabad- [OUT] BM BS -},d:i - ::;::.!_ /* \s, r nJ ; HIGH COURT DATED:2810712025 { t{ t I ORDER WP.No.21664 of 2025 i. , .) 0 s AUG 2025 * c '/:iTC rli-i-' .. tl ,/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ./ Y