N.ANANTHA REDDY Vs. ANSHU KATHURIA

JUDGEMENT

(1.) Leave granted.

(2.) The respondent No. 1 herein filed a suit for declaration and perpetual injunction against the Greater Hyderabad Municipal Corporation (respondent No. 2 herein) and the Assistant City Planner (respondent No. 3 herein). In the suit, the respondent No. 1 (plaintiff) prayed that notice dated 23.12.2009 issued under Section 452 of the Greater Hyderabad Municipal Corporation Act, 1955 be declared as illegal, void and not legally tenable. It was further prayed that the defendants (respondent Nos. 2 and 3 herein) have no right to interfere with the construction being put up by the plaintiff. The plaintiff also prayed for perpetual injunction restraining the two defendants, their officers/officials/servants from interfering with the suit scheduled property and by directing them not to demolish or cause any damage to the suit schedule property.

(3.) The appellant, who is plaintiff's neighbour, made applications for his impleadment in the suit and the application for interim relief. The applicant did not claim any right, title or interest in the suit schedule property but claimed that there is infringement of his right of light and air if the construction by the plaintiff is commenced and completed and, therefore, he is a proper party in the matter.