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Judgment
This Writ Petition is filed for issuance of Writ of Mandamus to declare the inaction of official respondents against the unauthorized construction being made by the 7th respondent in spite of representation/complaint, dt.31.01.2024, and follow-up remainder, dt.15.02.2024, made by the petitioner, as being illegal, arbitrary, unreasonable and dereliction of duties conferred under the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’).
Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development Department appearing for respondent No.1, Sri M.Dhananjay Reddy, learned Standing Counsel appearing for respondents No.2 to 5, learned Government Pleader for Irrigation & Command Area Development appearing for respondent No.6, and with the consent of the counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposal at admission stage.
Having regard to the manner of disposal and the lis involved in this Writ Petition, this Court is of the view that notice to unofficial respondent No.7 is not necessary for adjudication of the present Writ Petition.
The case of the petitioner, in brief, is that the 7th respondent is making unauthorized and illegal construction in plot No.66, survey No.100 situated at Srinivas Nagar Colony, Ambar Cheruvu, Hydernagar Division, Kukatpally Circle, Hyderabad, which is falling in FTL/Buffer Zone of Ambar Cheruvu; and that no construction can come up in FTL/Buffer Zone of any water body/cheruvu.
Petitioner further contends that on noticing the aforesaid illegal construction, he had approached the respondents-authorities and submitted representation, dt.31.01.2024, and a remainder, dt.15.02.2024, bringing to the notice of the respondents-authorities the aforesaid construction being made in FTL/Buffer Zone of Ambar Cheruvu, and sought for initiating action thereagainst.
It is the further case of the petitioner that despite the petitioner approaching the respondents-authorities and submitting the aforesaid representations, no action is being taken against the unauthorized construction being made by encroaching on to the FTL/Buffer Zone of Ambar Cheruvu. Hence, the Writ Petition.
Per contra, learned Standing Counsel appearing on behalf of respondents No.2 to 5 has placed before this Court written instructions under the signature of Assistant City Planner, Circle-24, Kukatpally. By the aforesaid written instructions, it is stated that even before the petitioner approaching the respondents-authorities and submitting representation/complaint, dt.31.01.2024, and the reminder, dt.15.02.2024, the authorities, basing on the representation received from one Uma Mahesh, dt.14.06.2023, have caused inspection and noted that the 7th respondent is undertaking unauthorized construction in the FTL/Buffer Zone of Ambar Cheruvu, without taking any prior permission from the GHMC, basing on which and also in the light of the directions issued by this Court in Writ Petition No.41702 of 2022, the respondents-authorities have issued show-cause notice, dt.17.06.2023.
By the written instructions it is further stated that, by the aforesaid show-cause notice, the unofficial respondent was directed to show-cause as to why action should not be initiated against the unauthorized construction activity undertaken by him in plot No.66, survey No.100, which is located in FTL/Buffer Zone of Ambar Cheruvu.
By the written instructions, it is further stated that since, the unofficial respondent No.7 did not submit any explanation, the authorities, thereafter passed a Speaking Order on 01.07.2023 holding the construction being made by the unofficial respondent No.7 to be an unauthorized construction by erecting the columns in FTL/Buffer zone of Ambar Lake, without taking any prior permission, and called upon the unofficial respondent No.7 to remove the same within (15) days from the date of receipt of the said Speaking Order, failing which necessary action would be taken by the respondents-authorities.
By the written instructions, it is further stated that since, the unofficial respondent did not take any steps to remove the unauthorized and illegal construction made in FTL/Buffer Zone of Ambar Lake, the authorities have forwarded the Speaking Order to the Nodal Officer vide letter, dt.14.07.2023, to take necessary action for demolition of the unauthorizedly constructed building/deviation portion; that on the Nodal Officer initiating action for demolition, the unofficial respondent No.7 had approached the Court of Civil jurisdiction and filed a suit vide OS.No.38 of 2024 on the file of Principal Junior Civil Judge-cum-XI Additional Metropolitan Magistrate, Medchal-Malkajgiri at Kukatpally, and obtained an order of status quo in IA.No.24 of 2024, dt.24.01.2024; and that on account of the order of said status quo passed by the Court of Civil jurisdiction, the authorities were unable to enforce the Speaking Order, dt.01.07.2023.
Learned Standing Counsel further submits that in the meantime, the 4th respondent-authority had addressed a letter to the Executive Engineer to furnish the sketch plan of plot Nos.65 & 66 in survey No.100 situated at Srinivas Nagar Colony, Ambar Cheruvu, Hydernagar Division, Kukatpally Circle, Hyderabad, and in response thereto, the 3rd respondent had received reply letter, dt.11.01.2024, from the Executive Engineer stating that the subject site is affected by water body/buffer zone/nala as per ground position.
Learned Standing Counsel further submitted that the respondents-authorities have filed written statement in OS.No.38 of 2024 and also filed counter in IA.No.24 of 2024 before the concerned Court of Civil jurisdiction; and that on the said status quo order granted in IA.No.24 of 2024 being vacated, the authorities would take further action to remove the unauthorized and illegal construction made by the unofficial respondent No.7 in the FTL/Buffer Zone of Ambar Lake(cheruvu).
I have taken note of the respective contentions urged.
Though the petitioner had alleged inaction on the part of the respondents-authorities in dealing with the unauthorized and illegal construction being made in FTL/Buffer Zone by considering his representation/complaint, dt.31.01.2024 and remainder, dt.15.02.2024, as noted above, even before the petitioner approaching the respondents-authorities by the aforesaid representations, the authorities by taking note of the complaint of one Sri Uma Mahesh, dt.14.06.2023, have issued a show-cause notice, dt.17.06.2023, and thereafter passed a Speaking Order, dt.01.07.2023, whereby the construction undertaken by the unofficial respondent by erecting columns in the FTL/Buffer Zone of Ambar Cheruvu was held to be unauthorized and illegal construction made without taking any prior permission from the concerned authorities.
Further, it is also to be noted that on the authorities forwarding the Speaking Order to the Nodal Officer for its enforcement, and on the Nodal Officer initiating action against the unauthorized and illegal construction being made by the unofficial respondent No.7, the said respondent approached the Court of Civil jurisdiction and obtained an order of status quo, preventing the authorities from taking further action in the matter.
Since, the respondents-authorities, by their written instructions, have stated of having filed counter in IA.No.24 of 2024 and also Written Statement in OS.No.38 of 2024, this Court is of the view that the respondents-authorities are to be directed to take steps to get the aforesaid order of status quo vacated at the earliest and take further action against the unauthorized and illegal construction made by the unofficial respondent No.7 in FTL/Buffer Zone of Ambar Cheruvu, as no construction can come up in FTL/Buffer zone of water bodies in the light of the judgment of the Hon’ble Supreme Court in Mantri Techzone Pvt. Ltd. V. Forward Foundation 2019(18) SCC 494.
The petitioner, who had alleged inaction on the part of the respondents-authorities by the present Writ Petition, is also at liberty to take steps to implead himself in the aforesaid suit and bring to the notice of the concerned Court about the unauthorized and illegal construction being made by the unofficial respondent by encroaching on to the FTL/Buffer Zone of Ambar Cheruvu.
Subject to the above observations and directions, the Writ Petition is disposed of. No order as to costs.
Consequently, miscellaneous petitions, if any, pending shall stand closed.