ADITYA CONSTRUCTIONS Vs. SECRETARY H M A AND U D DEPT
HIGH COURT OF ANDHRA PRADESH
ADITYA CONSTRUCTIONS, REPTD., BY ITS PARTNER, SRI CHIRANJILAL VYAS
SECRETARY, HOUSING, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPT, HYDERABAD
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(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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