High Court · 2025

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 a Writ, of Mandamus, declaring action of the respondent in seekingtodemolishthebuildingovertheplotadmeasuring466.66Sq.Yds.in sy.No-74/9 situated at Shantiniketan Co-opoerative Housing Society Limited' lvlehendra Hills, secunderabad cantonment, pursuant to the proceedings No. scB/EB/PNo.69/ Sevamandal cHS/1034/1OOO dated 16.O4.2O11, issued by the respondent under the provisions of the Cantonments Act' 2006' as arbitrary' illegal, unjust, violative of principles of natural justice, discriminatory, colourable exercise of power, non-application of mind to the relevant material available onrecord,contrarytotheprocedurecontemplatedundertheCantonmentsAct' 2006,violativeoftheFundamentalRightsguaranteedunderArticlesl4,l9and the Constitutional Right guaranteed under Article 300-A of the Constitution of lndia, without givir g opportunity to me to file the statutol y appeal and consequently sr>t ;rsride the impugned order and direct the rtlspondent not to demolish the aforelizrid building LA. NO: 1 OF 2011tWPM P. NO: 16839 OF 2011) Petitiorr und,:r Section 151 CPC praying that in the circun'stances stated in the affidavit filec n support of the petition, the High Court ma','be pleased to direct the r,lstror dent not to demolish petitioner buildtng over the plot admeasuring 46€i.6 3 Sq.Yds. in Sy.No.7419 situated at Srerntiniketan Co- operative Horrsingl Society Limited, Ivtahendra Hills, Secunderalerd Cantonment, pending dispos;rl o' lhe above Writ Petition Counsel for the Petitioners: SRl. S. SRIDHAR Counsel for the Respondent: SRI K.R KOTESWERA RAO (SR SC FOR CANTONMENT) The Court made the following: OROER :l j, THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO WRIT PETIT ION No. 13909 oF 2011 ORDER This writ Petition IS frled by the petitioner seeking the following relief: order or direclion more "....7o issue an dpProPriate 'YiL ,"rl,irrtort, in the nature of Ll'rit of Mandamus declaring thc nS i" respondenl in seeking to demolish the building o-re.r 'nr',1r,n 'ri"- p,tor' oa."oruring 466'66 Square Yards in Survey No 74/9 sitLt.tted at Shdntiniketqn Co-operative Housing Society Limited' -iai"lrar" Hills, Secunderabad Cantonment' pursuant to the 'plr*"l"air!, No.SCB/EB/PNo 69/Sevamandal CHS/1034/1000' tlatcd t 6.;4.20 I 1 , issued by the respondent under the Proris ions of the Co tonr enls Acl, 2006, as arbitrary' illegal' unjust' iolative nf princip!es rtf nalural justice, disciminatory' colourable exercise 'ponrr, ,o, opptriation of mind to the relevant material dvailoble 'ttn recoru\, cintrary to the procedure contemplated under the Cont()nments Act'2006, r'iolalive of he Fundamental Right.s g,,n,:nr,""a under Articles 14, 19 and the constitutional Right irrrrn-*nt ttnder Article 300-A of the Constitutio'l oJ India' \i roul gi|i g opportunity to the petitioner to file the slaluloo' set aside the impugned order and dire<:t npp,n,t nra "lrrr"qr"'tly -,t,i ,-"rpnnar,n, ,ot to d"^olish lhe afotesaid building and pas: such other order or orders "'" ) Heard Mr. S.Sridhar, leamed counsel for the petitioner and Mr.K.R.KoteslrwaraRao,learnedStandingCounselfbr Cantonrnent appearing for respondent and perused the record' [,e arncd counsel for the petitioner submits that the petitione r 3. herein is the absolute own€r and possessor of the plot admeasuring 466.66 squarc yards in Survey NoJ4D' situated at Shantiniketan Co-operative Housing Society Limited' Mahendra H itls' .t 2 Secundr:rabad Cantonment. The petitioner pur<:h:rser1 the said propert\/ thrrrLrgh the registered sale deed dated 24.1'.,!..1985, vide Documr:nr. t,earing No.3195/1985. The respondenl Cantonment Board isisuerl irnpugned notice dated 14.O4.21)11 under Section 2,18(1) of thc Cantonments Act, 2006 (for short 'the Act, 2006') drrt:,:tir.rg the petitioner to remove the tLnauthorized construoti()n \\rithin tl-l'rty (30) days from the date rtf rr:ceipt of the said noticre a nd the said action of the responderrl,; 1S iltegal, arbitran, arrd violative of principles of natural Justice. If is further submittod tl-at during the pendency of the writ lretition, the petitionor subrnitted an application dated 29.03.2:,0?,3 requesting compoundinil of tl're violation of unautlrorized constnrcticn and the said appiicart irl-r IS pendir-rg. Lcarned counsel fo;' r.hr: petitioner further sutul t ccl lhat thc issue raised in the presenr urrit petition is squarely <oic-ed by the order dated 12.06.2023 pimst:d by this Court in \Ai.,n. No.-5.15 of 2023.

4. Per r:or-tra. lcarned Standing Counsel for Carrtcnlnent Board appeanng fir, Llrc rcspondent, subrnits that the pet.ittonr:r without obtaininrz p --r'ruission fiorn tl-re Cantonmerlt Iloard made unauthot izc(l constructiou, the respondent (_'antol]11]ent Board tu''/) 1 I iI 't i i1 ). 3 issued impugned notice dated 16.04.2011 under the provisions of the said Act,2006. Petitioner without availing remedies under law and without obtaining NOC from the Airport Authority, made constructron. It is further submitted that the petitioner has not submitted requisite application in prescribed proforma.

5. Having considered the submissions made by respective parties and atter perusal of the material available on record, it reveals that the petitioner is claiming rights over the subject property purchased through the registered sale deed dated

24.12.1985 vide Document bearing No.3195/1985. Thereafter, the petitioner constructed a residential house in the subj ect property. The records Further reveal that without obtaining permission, the petitioner coustructed a building in the said land. The respondent Cantonment Board, in exercise of its power under Section 248(l) of thc Act, 2006, issued impugned notice dated 16.04.201I for removal oI unauthorized construction. Further, it reveals that sirnilarty situated persons approached this Court and filed W.P.No.139t6 of 201I, questioning the action of the respondent Cantonment Board trying to dernolish the subj ect property on the ground of unauthorized construction and the aforesaid writ petition .\ 4 was disrnissed on 28.04.2023 by the learnec S ngle Judge. Aggrieved t,r the same, the Division Bench of this (}rtLrt by order dated 12.0(..1023 disposed of the said W.r\. I'to.i45 of ZO23 directirg tt c respondent Cantonment Board ro consider the applicatior.r filed by the appellant therein for conrpounding the violation of ,rnauthorized construction by exercrsinl:; the power conferr,ld on the Board, as expeditiously as pos:;it,l<:,, preferably within a per cd of three months from the date ol receipt of a copy of this orde'. Needless to state, the respondent BozLrrl shall not undertake de nrolition till the applicarion o[ rhe appcllart is decided in acccrdan:r: with law and after an ordcr. is par;s:d by the respondent as directed abovc, it is open for the respo xlent Board to take rre(lessitry action in accordance with lau.

6. This Cc-rrt deerns it fit aird proper to dispose r)l the present writ petiti,trr directi.g the petitiorrer to subr,it. rr. apptir.:ation in the prescribed profbrrna along with requircd docurn,:nts before the respond,:nt ('antonlnent Board within a period c.l| two (C2) weeks from tht: ([at,r of receipr ol' a copy of this .rdcr ar.d oit receipt of the saicl apPlicatio., the respo^de.t Cant.r-rrre.t IJ.ard shall consider thc same and pass appropriate orders. ,ttiet giving an = ,/'' 5 opportunity to the petitioner including personal hearing, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order and till such time, the respondent Cantonment Board shall not take any coercive steps in respect of the subject property.

7. Accordingly, the present writ petition is disposed of' No order as to costs. Pending miscellaneous petitions, if any, shall stand closed' //TRUE COPY// To, 1 . The Chief Executive Officer, Secunderabad Ca Compound, S.P.Road, Secunderabad - 500003 2. One CC to SRl. S. SRIDHAR, Advocate IOPUCI 3. One CC to SRl. K.R. KOTESWERA RAO(SR SC SD/-V.KAVITHA ANT REGISTRAR S! SECTION OFFICER ent Board, Court House FORCANTONMENT) loPUCl

4. Two CD Copies BM GJP i I D i I I I l I I I { i HIGH COUR.T DATED:2714?.12025 ORDER WP.No.13909 of 2011 a a P )/ -.\' ,a' ' 't, ii ; i,, ii25 "'r. , :-/ DlSPOSING OF THETIIYPll PETITION WITHOUT COSTS C ))C