LAWS(TLNG)-2021-11-82

FARHANA ZAMAN Vs. STATE OF TELANGANA

Decided On November 01, 2021
Farhana Zaman Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) The appellant before this Court has filed the present writ appeal being aggrieved by the order dated 25.10.2021 passed in W.P.No.13376 of 2021.

(2.) The contention of the appellant is that she has preferred the writ petition under Article 226 of the Constitution of India being aggrieved by the threat of demolition of a hospital in the premises bearing No.16-2- 145/F admeasuring 472 square yards situated at Judges Colony, Malakpet, Hyderabad. She has stated that during the pendency of the writ petition, an interim order was issued directing the Greater Hyderabad Municipal Corporation (GHMC) to ensure that the parking area in which there is unauthorised construction is restored as parking area and the same was done by restoring it as parking area.

(3.) Learned counsel for the appellant has argued before this Court that in the writ petition a prayer was made for regularising the unauthorised construction on various grounds. However, the learned Single Judge has passed the interim order on 25.10.2021 directing the GHMC to demolish the two upper floors, pent house in the 6th floor and one room on the 7th floor and to report compliance on 02.11.2021. She has argued before this Court that by directing demolition of the building, virtually a final order has been passed by the learned Single Judge, though it is an interim order, and the grounds raised by the appellant have not been considered and decided on merits. She has stated that in case the building is demolished, the entire writ petition will become infructuous.