DUNDOO BALAKRISHNAMURTHY Vs. MUNICIPAL COMMISSIONER SECUNDERABAD

JUDGEMENT

(1.) This is a petition under Article 228 of the Constitution of India praying for the issue of a writ of certiorari to quash conditions Nos. (ii), (iii) and (vi) in Sanction No. 61/E of 1959-60 dated 13-5-1959 issued by the Commissioner of the Secunderabad Municipal Corporation.

(2.) The petitioner and three of his brothers intending to erect a building in a site, in which, it is stated they have leasehold rights, on the Rastrapati Road, Secunderabad, gave notice to the Commissioner, Municipal Corporation, Secunderabad under Section 428 of the Hyderabad Municipal Corporations Act, 1956. The necessary site plan, the drawings of the proposed structure and other connected papers were duly submitted to the Commissioner along with an application for sanction to build within the meaning of Section 433. By an order dated 13-5-1959 the Commissioner of the Corporation in exercise of his power under Section 438 gave sanction for the construction of the building subject to certain conditions. The conditions are as follows: "1. Drainage proposals should be submitted separately with levels through a licensed plumber. 2. No projection is allowed on the foot-path, The balcony and the sun breakers should be provided within the lease holdings only, without any projection on Government land and 6 wide pial should be provided instead of 3 wide pial as corrected in the plan so that the balcony and the sun-breakers could be up to the extent of the pial and the lease holdings only.

(3.) Open space of 3 wide should be left throughout the length of the neighbours wall as corrected in the plan as the eaves of the neighbours are projecting into this plot and the ventilators are existing in the neighbours wall.