✦ High Court of India · 27 Jan 2025

One CC to SRl v. NARASIMHA GOUD, SC FOR HTMDA IOPUCI

Case Details High Court of India · 27 Jan 2025

Smt.K.Shyamala (Died as.per LRs ) Wo K.M.pandu, Aged about 56 year-s, Occ Household, RJo H.No.4-1-83, Outbullapur, Hvdeabad_soo 055. Dr. S. lndira Gowri w/o Dr. S. Hari Kumar Aged'aboui +S iears , ocC Pgctgr E/o H. No. 10-20/2,. VlQyanagar Cotdny, Sanga Reday , Ni€A;[ 9istrict (Presently Sangareddy District)- K.P. Vivekanand S/o Late K !r{f-andu, Aged about 47 years, Occ MLA Qutbullapur Rl/o Ptot Nos. 150& 151 Dandamudi Encl'ave, jeeOihetta, Qutbullapur, tvledcha l-lvlalkjagiri District. Smt. K. Mamatha W/o K. Aiarvind Goud, Aged about 43 years , Occ Housewife, R/o Ftat No 202, H.No. 12-1331rco, V.V.K. 'Resid'encr Dattatriya Colony Asifnagar. Hyderabad (Petitioner Nos. 2to4 are brought on record as LRs of the deceased Petitioner No.1 as per C.O. dated 27.01.2025 in lA No. 1t2124l AND ...PETITIONER 1

3. Telangana State lndustrial lnfrastructure Corporation, lndustrial Area Local Aulllority, 1st Floor, Road No 34, Phase 1il, tEiA Jeedihrcfla, nVOeraOiO, iep by The Commissioner. fi,4etropotitan _ Development Authority, Tarnaka, Ih" .Hyderab_qd^ ^ . Secunderabad-sOO 01 7. reo. bv the Commissioner K M Pratgp S/o Late lvaniky;m. Occ Business, R/o H.No.4-6l46, C.p.R. Colony, Quthbullapur Chinthal, Hyderabad. ...RESPONDENTS Petition under Arlrcte 2ZO of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue a writ of lVlandamus or other appropriate order or direction in the nature of a writ declaring the impugned proceedings of the first respondent bearing No. TSIIC-IALA/IDA,JDM/Hearing Ords.p-8/pH-1, lDA, JDM/2015 dated 23-12-2015 as arbitrary, discriminatory and violative of Articles 14 and 3004 of Constitution of lndia, without power or jurisdiction and null and void and 7 / consequentry set aside the same and restrain the first -espondent from giving effect to the same in the interest of justice t.A. NO: 10F 201 MP. NO:'1604 0F 20161 I i 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 preased to suspend the impugned proceedings of the first respond€)nt bearing No. TSIIC_ IALA/IDA,JDM/Hearing ords.p-8/ph-r, rDA, JDM/2015 dak)d 23-12-201 5 pending disposal of the above writ petition in the interest of justrce Counsel for the Petitioners: SRl. CHANDRESH Counsel for the Respondent No.1: SRt K. DEVENDER SC FOR TSITC counsel for the Respondent No.2: sRr v. NARASTMHA GouD(sc FoR HMDA) Counsel forthe Respondent No.3: SRI D. NARSTMULU The Court made the following: ORDER ,/ HON'BLE MRS. JUSTICE SUREPALLI NANDA RIT P I N 1 ORDER: Heard Sri Chandresh, learned counsel appearing on behalf of the petitioner, Sri K.Devender, learned Standing Counsel for TSIIC, appearing on behalf of respondent No.1, Sri V.Narasimha Goud, learned Standing Counsel for HMDA, appearing on behalf of respondent No.2 and Sri D.Narasimhulu, learned counsel appearing on behalf of the respondent No'3' 2 r Draver as under: "...to issue a Wrrt of Mandamus or other appropriate order or direction in the nature of a Writ declaring the impugned proceedings of the first respondent bearing No.TSIIC-IALA/IDA,JDM/Hearing ords.P-8/Ph-I, IDA, JDM/2015 dated 23.12.2015 as arbitrary, discriminatory and violative of Articles 14 and 3O0-A of Constitution of India, without power or jurisdiction and null and void and consequently set aside the same and restrain the first respondent from giving effect to the same in the interest of justice and pass such other orcjer or further orCers as this Hon'ble 2 SN,J W.P.No.1259 of 2Ot6 Court may deems fit and proper in the circumstances of the case. "

3. It is represented by the learned counsel appearing on behalf of the petitioner that the subject issue in the present writ petition is squarely covered by the order dated 18.10.2016 passed in W.p,Nos.5130 of 2016 and batch. T 4 1 .10.20 6 a as extr ed tn w.P.N .5 130 ot 20 here nd r: 6 "In case the petitioners have submitted applications for regularisation on or before 01.03.2016, the respondent Municipal Corporation shall not take coercive steps to demolish the illegal structures raised by them till orders are passed on their applications for regularisation, and _he said orders are communicated to them. It is open to the Municipal Corporations, in such of those cases where the applications for regularisaticn are rejected, to initiate action for demotishing the subject structures in accordance with the provisions of the GHMC Act, and the Rutes and bylaws made thereunder. It is made clear [hat, in such of those cases where applications, s;eeking regularisation, have not been submitted before 01.03.2016, it is open to the Mc,nicipat I i l! ILII _) sN,l W.P.t{o.1259 of 2016 Corporations concerned to take action, for demolition of the illegal structures, in accordance with law. All these writ petitions are disposed of accordingly. The miscellaneous petitions pending, if any, shall also stand dismissed. There shall be no order as to costs."

5. This Court, vide its order dated 19.01.2016 in the present writ petition, granted stay of demolition of the unauthorized constructions erected by the petitioner for a period of three weeks, which had been extended from time to time.

6. Takino into consid eration: a) The submissions made by the learned counsel appearing on behalf of the petitioner, I F) The order of this Court dated 18.10.2016 in W.P.Nos.Sl3O of 2016 and batch (referred to and extracted above) { ( The writ petition is disposed of observing that in case if the petitioner had submitted an applacation for regularization on or before O1.O3.2016, the : ! ! j I I I I t I I I I SN,J W.P.No.1259 of 2016 respondent Municipal Corporation shall not take any coercive steps to demolish the illegal structures raised by the petitaoner till orders are passed and communicated on the petitioner's application filed for regularization. In the event the applicataon of the petitioner for regularization is rejected, it is open to the Municipal Corporation to initiate action for demolishing the subject constructions in accordance to the provisions of the GHMC Act, 1955 and the Rutes and Bylaws made thereunder by following due process of !aw. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. //TRUE COPY// SD/.N. SRIHARI STANT REGISTRAR \ SECTION OFFICER The Commissioner, Telangana lndustrial Area Local Authority, Jeedimetla, Hyderabad State ln 1"t Floo dustrial ln r, Road No.34, Phase lll, IDA ructure Corporation, Secu nd e ra bad -500 017

2. The Commissioner, Hyderabad Metropolitan Developntent Authority, Tarnaka, 3 One CC to SRl. CHANDRESH, Advocate [OPUC] 4. One CC to SRl. K. DEVENDER, SC FOR TSIIC [OPU(]] 5 One CC to SRl. V. NARASIMHA GOUD, SC FOR HTMDA IOPUCI 6. One CC to SRl. D. NARSIMULU, Advocate [OPUC] 7. Two CD Copies BM GJP To, HIGH COURT I DATED:2710112025 -]}-'.- 'fc\ 1O JUll zffi :. ll .- it .,,il o- o I ORDER WP.No.1259 of 2016 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ay- ^

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