Telangana High Court allows writ plea against GHMC.

Source – telanganatoday.com

Hyderabad: The Telangana High Court on Monday partly allowed a writ plea filed against the Greater Hyderabad Municipal Corporation (GHMC) for ordering the demolition of a Troop Bazar street without following laid down procedure.

Nasiruddin Hyder Ali Soahni and four others, who have shops at Troop Bazar, approached High Court contending that they are in possession and enjoyment of shops on the second floor of a building.

They contended that they purchased the property on verification of a sanction plan. But, contrary to the provisions of the GHMC Act, a notice was issued contending that the petitioners illegally built shutters in the stilt floor parking area and a shed with blue iron sheets on third floor or the existing stilt +2 upper floors. The petitioners were sent a show-cause notice as to why the said construction should not be removed, altered or pulled down, and further directed them to stop the work forthwith.

Deepak Misra, counsel for the petitioners, informed the court, headed by Justice Challa Kodandaram, that the construction was carried out over a decade and half years ago. He said the notice was in response to a private complaint at the instance of persons making claims to parking in a terrace area.

The petitioner alleged that on November 2, the respondent party came to the premise to demolish the shutters and aluminum tin shed. But due to shops being open, heavy traffic in the area and resistance from the shop owners, they granted the petitioners five days to remove the shutters.

No orders were passed on the explanation given by the petitioners and no inspection was carried, but the respondent directly resorted to demolition, Misra said.

GHMC took the curious defence that the demolition was not by its officials. Justice Challa Kodandaram allowed the writ petition and directed the authorities to pass an order, considering the representation of the petitioners, and take all steps in accordance with Chapter XIX of the GHMC Act.