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Judgment
The appellants/writ petitioners are aggrieved by an order dated 12.07.2021, passed by the learned Single Judge disposing of W.P.No.15617 of 2021
filed by them for issuing a direction to the respondent/GHMC to construct a fencing around a vacant parcel of land measuring 3,300 square yards in
Sy.No.822 (old Sy.No.777) situated in Chintabavi, Chilkalguda, Secunderabad.
By the impugned order, the writ petition has been disposed of by the learned Single Judge with a direction to the appellants/writ petitioners to submit
an application for seeking permission to construct a compound wall along with the relevant documents. Directions have also been issued to the
respondents to consider the said application and pass necessary orders in accordance with law, after hearing the appellants/writ petitioners and any
other persons who may be interested.
Learned counsel for the appellants/writ petitioners states that his clients are not proposing to build a compound wall around the vacant parcel of land
in question. They are only proposing to put up a barbed wire fencing around the parcel of land to protect the same from any encroachment for which
no prior permission is required from the civic authorities.
We may note that before filing of the captioned writ petition, the appellants/writ petitioners had filed W.P.No.11818 of 2021 with the very same
grievance which was disposed of vide order dated 30.04.2021, directing the respondent No.2/GHMC to consider the representation dated 23.01.2021
made by the appellants/writ petitioners and dispose of the same as expeditiously as possible, after affording them an opportunity of hearing.
Learned counsel for the appellants/writ petitioners refers to the order dated 25.06.2021 wherein, the respondent/GHMC has directed the
appellants/writ petitioners to submit an application for construction of a compound wall through their online portal which would then be considered in
accordance with the GHMC Act and the Building rules. Learned counsel states that there is no requirement in law to seek prior permission from the
GHMC to raise a barbed wire fencing on the parcel of land, but the constant obstruction by the Field Officers of the GHMC had compelled the
appellants/writ petitioners to file the writ petition.
Though learned counsel for the respondents/GHMC claims that there is some civil dispute in respect of the subject land, he is unable to furnish any
material particulars.
Learned counsel for the appellants/writ petitioners vehemently disputes the aforesaid submission and states that there is no civil dispute in respect of
the subject land.
In view of the limited relief sought by the appellants/writ petitioners, the present appeal is disposed of with liberty granted to the appellants/writ
petitioners to put up a barbed wire fencing around the subject land on their own expense and risk. In the event any grievance is raised in the future by
a third party in respect of the subject land or the fencing raised around it by the appellants/writ petitioners, they shall be at liberty to seek appropriate
legal recourse.
The appeal is disposed of along with the pending applications, if any.