H KRISHNA PATEL Vs. M C H

JUDGEMENT

(1.) Admittedly the petitioners applied for permission for construction of the building and permission was granted on January 30, 1982 to construct ground floor, first and second floors. There was a slight deviation of the back side of the building. So the petitioners submitted revised plans and on January 1, 1984 the second respondent approved the revised plan on payment of compounding fee of Rs. 500/- for first and second floors subject ,to the condition of demolition of the portion made on the backside of the building which did not affect any public right, though technically there was a deviation of plans granted by the Municipal Corporation of Hyderabad. The petitioners also filed an application dated January 1, 1985 before the Government for relaxation and the Government refused to relax the deviation. The Municipal Corporation by its order dated November 5, 1985 directed the petitioners to remove the deviations. Assailing the action taken by the Municipal Corporation under Section 636 of the Hyderabad Municipal Corporation Act, 1955 the petitioners filed this Writ Petition.

(2.) The contention of Sri C. P. Sarathy, learned counsel for the petitioners is that though the petitioners have deviated the constructions, it does not affect the public right ; it is only southern side of the building ; that the respondents are unjustified in refusing the relaxation. I find force in the contention of the learned counsel for the petitioners.

(3.) I have seen the original plan. Both the learned counsel have placed before me the revised plans submitted by the petitioners. The deviation is only on the southern side of the building between the compound wall and the building actually constructed, it does not affect the public right. Under the circumstances though the petitioners have technically submitted illegality in deviating the sanctioned plans, the failure to relax in this regard is illegal.