Hyderabad: The Hyderabad High Court found fault with the Greater Hyderabad Municipal Corporation for allowing a construction without permission and directed the civic commissioner to initiate action against the officer responsible.
Justice M.S. Ramachandra Rao was allowing a petition by Paladi Devender, a resident of the city challenging inaction of officials in preventing his neighbour from constructing the second floor and a pent house without permission and without leaving setbacks.
The petitioner said the GHMC had given permission to his neighbour K. Narasimha Rao only to construct ground plus first floor, but he constructed the second floor and a pent house.
Mr Rao contended that he had constructed his building as per sanctioned plan and since his plot was in a prime location, he is entitled to higher setbacks and so he had made shops on the ground floor and got assessment as “commercial” by paying necessary fees and penalty.
He said that even though the construction was completed three years ago, the petitioner never protested or filed a suit seeking injunction and he had already moved a civil court against the civic authorities and also made an application for regularisation of his building.
After verifying the records, the judge found that the allegations of the petitioner were valid and Mr Narasimha Rao has not made the petitioner a party to the civil suit and no material is placed to prove that he had applied for regularisation of the building.
The judge held that the deputy commissioner failed to prevent the constructions in deviation of the sanctioned plan and converting residential portion into commercial shops.
The judge directed the authorities to forthwith initiate necessary action to demolish unauthorized constructions as per law in a week and the GHMC commissioner shall consider initiating appropriate disciplinary action against the deputy commissioner.
The deputy commissioner and Narasimha Rao shall pay costs of Rs 5,000 each to the petitioner.
AP faulted for issuing GO ON COPS
A division bench comprising Justice K.C. Bhanu and Justice Ms Anis of the Hyderabad High Court found fault with the Andhra Pradesh state government for issuing a GO despite a status quo granted by the High Court.
The bench was dealing with a petition by Armed Reserve Const-ables and sub-inspectors challenging an order of the Andhra Pradesh Administrative Tribunal in setting aside a GO issued by the erstwhile state of AP by amending Rule 7 of the AP Police (Civil) Subordinate Service Rules 1991, prescribing three years of service in the cadre of police constable (civil) and converted constables from the Armed Reserve to Civil for promotion as head constable.
The Tribunal declared that the GO was illegal and allowed a batch of petitions by civil constables.
Aggrieved by the order, Armed Reserve constables and sub-inspectors moved the High Court. The bench had earlier directed the Telangana and AP governments to maintain status quo.
P.V. Krishnaiah, counsel for the petitioners, brought to the notice of the bench that the AP government on Nove-mber 15 issued a GO based on the orders of the Tribunal, despite the order to maintain status quo, which put the petitioners to irreparable loss.
The bench suspended the GO issued by the AP government and adjourned the matter for final disposal.
Hearing on Sujana on Wednesday
The Sujana Universal Industries Ltd on Tuesday submitted before the Hyderabad High Court, that it will repay the loan, to the Mauritius Com-mercial Bank Ltd of Mauritius, on instalment basis.
Justice A. Rajasheker Reddy was hearing a company petition by the Mauritius Commercial Bank Ltd, seeking to wind up the company, as it failed to repay the loan of Rs 92 crore availed M/s Heista Holdings Ltd for which the company is a guarantor.
The judge sought the response from the counsel representing the Mauritius Bank and the counsel urged the judge to adjourn the hearing to Wednesday to get instruction from his client. The judge adjourned the case to Wednesday.
