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Judgment
Heard learned counsel for the petitioner and Mr. Srinivas Rao Pachwa, learned standing counsel for the respondents No.2 and 3 - Malakajgiri Municipal Corporation (MMC).
Speaking order dated 21.08.2026 is challenged in this writ petition alleging that the same is issued in violation of principles of natural justice.
Learned counsel for the petitioner submitted that the speaking order is preceded by a show cause notice dated 20.07.2026 wherein it was alleged that the petitioner is operating scrap and steel cutting unit in a residential area causing noise pollution, vibrations, public nuisance and threat to residents. There is no allegation that the petitioner made unauthorized construction. Speaking order was passed going beyond the contents of the show cause notice. The petitioner had been running the industry and shed in the subject property for the past several areas.
Learned counsel further submitted that in the reply dated 03.08.2026, submitted by the petitioner to show cause notice dated 20.07.2026, the petitioner has clearly stated that all requisite permissions have been obtained from the concerned authorities before commercial operations have been started in the subject property. There are several commercial shops in the colony and the petitioner is selectively targeted.
Learned standing counsel submitted that, admittedly, the petitioner does not have building permission. The show cause notice clearly states that the site was inspected and observed that the petitioner made unauthorized construction of shed at H.No.4-6-98/3/1, Baba Nagar Colony, Nacharam and illegally operating scrap and steel cutting unit in a residential area without obtaining permission from the competent authorities. Hence, alleging noise pollution and public nuisance, the show cause notice was issued and thereafter, speaking order.
Learned counsel for the petitioner submitted that reasonable opportunity may be given to the petitioner so that steps can be taken to rectify the violations with regard building construction and usage pointed out in the speaking order dated 21.08.2026 by protecting the interest of the petitioner for a period of four weeks.
In the light of the above submission, considering that the petitioner, admittedly, does not have building permission and an allegation is made that scrap and steel cutting unit is being operated by the petitioner in residential area, this Court is not inclined to interfere with the speaking order dated 21.08.2026. However, in the interest of justice and to enable the petitioner to rectify/obtain building permission and also for change of use, the speaking order dated 21.08.2026 shall be kept in abeyance for a period of four (4) weeks from today. Within this time, the petitioner shall take necessary steps to remove/stop the unauthorized building activity and seek permission/conversion of usage by making an appropriate application before the respondents No.2 and 3. As and when such application is submitted, the same shall be considered by the respondents No.2 and 3 in accordance with law. Until, appropriate permission/ conversion is obtained by the petitioner, no further operations shall be carried out by the petitioner. As this order is passed without entering into the merits of the case, notice to the respondents No.2 and 3 is dispensed with.
However, if the respondents No.2 and 3 are aggreved by this order, in any manner, they are at liberty to approech this Court seeking modification of this order.
The writ petition is disposed of. The miscellaneous applications, pending if any, shall stand closed. There shall be no order as costs.