D.Bhargavi Rain v. S P Singh, The Municipal Commissioner

Telangana HC16 Nov 2012CC/231/2010

Case brief

AI extract

What is this about?

In a contempt case filed for non-compliance with a direction to inspect a dilapidated building, the Court found that an inspection was conducted per its earlier order. It held that there was no immediate danger of collapse except for one room, thus closing the contempt case without prejudice to the petitioner's right to pursue further remedies.

What did the court decide?

Contempt case closed; petitioner directed to workout further remedies under law before proper forum.

D.Bhargavi Rain Vs S P Singh, The Municipal… — Municipal and Town Planning | Telangana HC (2012)

¶1

THE HON’BLE Ms. JUSTICE G. ROHINI

¶2

CONTEMPT CASE No. 231 OF 2010

Date: 16.11.2012

Between:

D.Bharghavi Rani

… Petitioner

And

G.H.M.C. and another

¶9

… Respondents

¶10

THE HON’BLE Ms. JUSTICE G. ROHINI

¶11

CONTEMPT CASE No. 231 OF 2010

¶12

ORDER :

¶13

By notice dated 09.07.2001 issued under Section 456 of the Hyderabad Municipal Corporation Act, 1955, the petitioner herein was informed that the building bearing No.2938-39, (New No.7-1-951, 950, 949, 948, 814, 953, 952) situated in Nala Bazar, R.P.Road, Secunderabad was in a dangerous and dilapidated condition and was likely to collapse at any moment causing danger to the inmates of the building as well as the surrounding buildings and therefore, calling upon the petitioner to vacate/repair the dilapidated building immediately.

¶14

W.P.No.7824 of 2002 came to be filed by the petitioner herein seeking a direction to the Corporation to take immediate steps for the demolition of the building in question in view of the above referred notice dated 09.07.2001.

¶15

In the counter filed in the writ petition, it was pleaded by the Corporation that on inspection, the Executive Engineer, Municipal Corporation, Secunderabad found that the ground floor of the building was in stable condition and that the first floor occupied by a tenant for residential purpose, developed cracks and the same required repairs. After hearing both the parties, this Court disposed of the writ petition by order dated 10.04.2008 with a direction to the Corporation to cause immediate inspection of the building in the presence of the petitioner as well as the occupants of the building within a period of eight weeks and thereafter, to take appropriate steps on the basis of the inspection report.

¶16

Alleging that the directions of this Court have not been complied with, the present contempt case has been filed on 23.02.2010.

¶17

A counter affidavit has been filed stating that in pursuance of the directions of this Court, the building was inspected on 10.03.2010 with prior intimation to all the persons concerned and it was found that though the building was 75 years old, there was no immediate danger or threat of collapse except North Eastern corner room. The said fact was informed to the petitioner herein and she was also informed to pull

¶18

down the said North Eastern corner room or get it repaired. A copy of the said notice dated 01.11.2012 has been placed before this Court.

¶19

In the light of the material placed before this Court, it cannot be held that the respondents had flouted the order of this Court in W.P.No.7824 of 2002. Therefore, no further enquiry is necessary and the Contempt Case is accordingly closed.

¶20

However, this shall not preclude the petitioner to workout the further remedies available under law before the proper forum for redressal of her further grievance, if any. No costs.

¶21

___________ G. ROHINI, J

¶22

Date: 16.11.2012 Ivd

D.Bhargavi Rain v. S P Singh, The Municipal Commissioner

Case brief

What is this about?

What did the court decide?

D.Bhargavi Rain v. S P Singh, The Municipal Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

G.V.S. Raju Vs Love Agarwal

Taylor High School Vs Rajeswari Tiwari

T.Nadamuni Naidu Vs Sri Prasada Rao IPS

Pabbathi Vijaya Prakash, Vs Vinay Chand

Mullapudi Subba Rao Vs B. Sivanarayan Reddy

Jetti Vijayalaxmi Vs Sri Budha Prakash