N SURYANARAYANA Vs. M C H

JUDGEMENT

(1.) The petitioners in the instant writ petition pray for issue of an appropriate writ, order or direction, particularly, one in the nature of writ of Certiorari, calling for the records relating to notice No. 179 Dated 9-1-1996 on the file of the 1st respondent and quash the same. The petitioners also pray for a consequential direction directing the respondents to consider the application of the petitioners dated 11-1-1996 and further to direct the respondents to accept the revised plan purported to have been submitted by the petitioners in respect of the premises in question.

(2.) The petitioners claim to be the true and absolute owner, of plots bearing Nos. 6-3-609/37 and 609/38 situated at Anandnagar Colony at Khairtabad, Hyderabad. The petitioners are stated to have entered into an agreement with a third party for construction of multi-stories apartments. The petitioners having applied for necessary sanction and permission, obtained the same from the 1st respondent-Corporation vide Permit No. 2/69/67 in Letter No. 105/TP- 5/94 Dated 9-3-1995. The sanction was accorded by the 1st respondent Corporation for construction of stilt plus 5 upper floors for residential flats and, according to the petitioners, they have constructed the multi-storied complex strictly in accordance with the sanctioned plan and the construction is stated to be nearing completion.

(3.) The petitioners state that after the commencement of the construction, it was noticed that the proposed ground floor portions did not have any marketability, as the proposed building is situated adjacent to 'Naala', running West to East, adjacent to the building and popularly known as 'Chintal Basti Naala' and the said 'Naala' is stated to be full of drainage and other 'murky' water. It is stated that "in order to adjust this eventuality, a small tenement was raised in the 6th floor to accommodate the petitioners".