ADITYA CONSTRUCTIONS Vs. SECRETARY H M A AND U D DEPT
LAWS(APH)-1992-3-60
HIGH COURT OF ANDHRA PRADESH
Decided on March 21,1992

ADITYA CONSTRUCTIONS, REPTD., BY ITS PARTNER, SRI CHIRANJILAL VYAS Appellant
VERSUS
SECRETARY, HOUSING, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPT, HYDERABAD Respondents


Referred Judgements :-

BANK OF BARODA VS. NAGACHAYA DEVI. [REFERRED TO]
RAM KRISHNA DALMIA SHRIYANS PRASAD JAIN JAI DAYAL DALMIA VS. UNION OF INDIA [REFERRED TO]



Cited Judgements :-

JAWAHAR REDDY K VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2003-1-151] [REFERRED TO]
III ACES HYDERABAD VS. MUNICIPAL CORPORATION OF HYDERABAD [LAWS(APH)-1994-9-3] [REFERRED TO]
LALITHA SRIKRISH VS. STATE OF TELANGANA [LAWS(TLNG)-2022-1-58] [REFERRED TO]


JUDGEMENT

- (1.)This writ petition comes before us on a reference by a learned single Judge, since it was urged that Regulation 3 of Bhagyanagar Multistoreyed Building Regulations was unconstitutional, and according to the learned single Judge that question was better decided by a Division Bench.
(2.)Petitioner filed an application dated 14-8-1981 for permission to construct 1 + 13 storeyed building, to the Municipal Corporation of Hyderabad. It contended that its application should have been dealt with under Municipal Corporation Bye-laws, 1972 and not under Bhagyanagar Urban Development Authority Multistoreyed Building Regulations, 1981 which came into force on 5-9-1981. It also contended that the Municipal Corporation Building Bye-laws enacted by G.O.Ms.No.905 dated 7-8-1981 which came into force on 5-9-1981 were not applicable to its application.
(3.)The learned single Judge heard the matter along with W.P. No.11818/86 and passed a common order referring both the writ petitions to a Division Bench. The former - W.P.No.11818/86 - was disposed of because it was rendered infructuous as the petitioner therein constructed the building in accordance with the sanction accorded by the relevant authorities. W.P.No.11819/1986 remains for consideration.
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