1. Kanta Devi v. state . of relangana

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of wRlr oF MANDAMUS declaring the action of the Respondent No.3 herein in rejecting the Building Application Plan through their short-fall Letter dated 06-12- 2O24 in File No.002479/GHMC/11BB1SEC2I2O24-BP in respect of ptot No.8 admeasuring 454 Sq.Yards in Sy.No.74l9, Ward No.10, Block No.3 in the Layout of seva Mandal co-operative Housing society, situated at East Marredpally, Secunderabad, Hyderabad District on the ground that several cases are pending as illegal, arbitrary and opposed to Provisions of the GHMC Act and violative of Articles 14 and 300-A of the constitution of lndia as well as opposed to the Orders passed in W.P.M.P.No.24179 of 2010 in W.p.No.19106 of 2010 dated o1-11-2oloandconsequentlydirecttheRespondentNo.2and3tosanction Building sanction Plan vide Building Application dated 06-03-2024 in File No.002479/GHI/C/1 1 88/SEC 2t2024-BP . IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to Direct the Respondent Nos.2 and 3 herein to consider the Building sanction Plan vide Buitding Apptication dated 06-03.2O24 in File No.002479/GHMC/1 188 tsEc2t2o24-BP in respect of Plot No.B a{measuring 454 Sq.yards in sy.No.7419, ward No.10, Block No.3 in the Layout of Seva Mandal co-operative Housing Society, situated at East Marredpally, secunderabad, Hyderabad District without reference to any pending writ Petition; pending disposal of the above writ Petition. Counsel for the Petitioners: SRI SRINMS POLAVARAPU Counsel for the Respondent No.1: AGP FOR MCPL ADMN URBAN DEV Gounsel for the Respondent No.2 & 3: SRI M.ARUN KUMAR, SC FOR GHMC The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN trIRIT PETITION No.13() 0F 2025 ORAL ORDER Heard Sri Srinivas polavarapu, learned counsel for the petitioners, learned Assistant Government pleader for Municipal Administration and Urbal Development for respondent No.1 and Sri M. Arun Kumar, learned standing counsel appearing for respondent Nos.2 and 3. Perused the record.

2. Petitioners are claiming that they are the absolute owners and possessors of plot No.g, admeasurin g 454 sq.yds., covered under Ward No.lO, Block No.3, MCH layout being part of Revenue Sy.No.74/9, in the layout of Seva Mandal Cooperative Housing Society, trast Marredpally, Secunderabad, which is part of layout File No.91llayout/SD/89 and permit No.t6/76, dated 26.Og.Igg7, under a registered sale deed bearing document No.448 qf 2024, dated 12.02.2024. With an intention to make construction in the subjec+ property, ^\ -'-'' 2 petitioners have submitted an application dated

06.03.2024 under TG-bPASS by way of self declaration and self .c,:rtification to respondent No.3 seeking permission for construction. Vide impugned order dated

06.I2.2O24, respondent No.3 rejected the said application stating that as per report of the RDO., Secunderabad, SDC., ULC & LA (Genl), the subject land to arr extent of Ac.3O6-15 gts., is recorded as 'SARKARI' and covered by several court cases.

3. Perusal of record would reveal that with regard to the land in Sy.No.74 19 of Seva Mandal Cooperative Housing Society, Sri Rajesh Tak had hled a writ petition vide W.P.No.3B90 of 2O2O challenging the return of Building permission application submitted by him vide Shortfall letter dated 06.O2.2O2O. Vide order dated O7.O5.2O2O in the said writ petition, this Court directed I the Municipal Authorities to consider the said application. 'This Court a,lso considered the pendency of W.P.No.19106 of 2010 before this Court, wherein, a 3 Division Bench of this Court refused to grant stay with the observation that arry construction made would be at the risk and cost of the respondents therein and subject to the hnal orders that may be passed in the said writ petition. Respondent No.7 in the said writ petition is the petitioner's therein vendor.

4. On considering similar grievance in W.p.No.3g9O of 2O2O, this Court directed the respondent Municipal Corporation to process the applications submitted by the petitioner for building permission without regard to the title disputes pending before the Division Bench of this Court, however, subject to the orders that might be passed therein. This Court also directed the petitioner therein to comply with other statutory requirements. With the said observations, this Court directed the respondent Municipality to process the application of the petitioner therein without reference to the title disputes, subject to complying with all other statutory requirements as mandated in terms.of G.O.Ms,No. 16g. 4 5 This Court also granted similar relief in other writ W.P.Nos.35237 of 2Ol4 on 26.12.2014, petitions 43282 of 2018 on 29.11.2018 and 3888 of 2O2O on

1.e.

02.06.2020, etc. Petitioners herein are also standing on the very same footing. To maintain parity, they are also entitled for the same relief. It is also relevant to note that Section 7 of the 6. TS-bPASS) t\CT, 2O2O deals with 'Approval of Building permissions' and the same is relevant and is extracted below:

7. (1) No pie ce of land shali be used as a sitc for the construction of a building, and no building shall be constructed or reconstn-rcted, and no addition or alteration shail be madc to an existing building without the self r:ertification based declarations or the required approval in thc manner prescribed, relating to the use of building sites or the construction or reconstruction of buildings: Provided that the Government may exempt certain buildings from taking building permission under this section, in the manner prescribed. (2) For plot size upto 75 square yards (63 square meters), and the construction of ground or ground pius one floor, will not require any permission. The applicant 5 however need to register online with a token amount of Rs. I and duly self certifying his title, the size of the plot and floors, it shall also not require a completion certihcate or occupancy certificate. Any plot bigger than 75 sq yards cannot be split for this purpose or this provision cannot be misused for taking up constructions in government or prohibited or disputed land and action as prescribed shall be initiatod for violations noticed. (3) Plot size upto 500 square meters and height upto 1O meters: The permission applications for all the individual residential buildings having plot area of 5OO square meters and less and building height of 10 meters as specified, shal1 be processed through an online based Self-Certihcation System in accordance with the Master Plan or Detailed Planning Scheme or Local Area plan and the building rrrles and in the manner prescribed, ancl upon furnishing all required information details shall get instant online approval. (41 The onus to ensure authenticit5r of self- certihcation and compliance with the self-certilication lies with the applicant, who shall be held personally accountable and liable in case of false declaration and action shall be initiated against the said person, as prescribed. (5) The owner or developer shall along with the building application form, submit an undertaking that in case of any actual construction made by him or her in violation of sanctioned plan, the Government or the Commissioner or the Agency authorized by him or her l 6 shall take,-up the demolition without issuance of any notice. Fu.rther, the District level committee may verify the documents so submitted, and in case of any misre pre s,:tttation or false statement, the action sha Il be taken as p,rescribed. (6) Cilizens shal1 be encouraged to bring to the notice of Municipaiity and District Collector cases where unauthorized construction or. construction in violation of or in exct:ss of permissions, in the manner prescribed. The identilv of such informers shall be kept confidential. A11 such cases shall bc examined within a week from such inlortnation and appropriate action initiated. Thc informant shall be incentivized in all such cases u-here the inforrrration furnished by him is found to be corrcct. (71 Plot size above 5OO square metcrs and height above 1O mcters: There sha1l be a single window system in casc of eLpplications for building permission in plots ol area abo.re 50O square meters and height above 10 meters :rnd all Commercial Buildings, High Rise Buildings, Group Development Schemes, Group Housing, Apartment Complexes, Multiplexes, Non Residential Buildings and other such constructions, u'hich require multiple NOCs, one common application form shall be submittecl through web based online system as prescriberl. (8) The online application has to tre submitted with a1l requisrte documents as may be prescribed. The online system shall not accept the application unless all such documenl-s are submitted. Such documents upon i \ I 7 submission shall be examined by the single window committee set up for this purpose ald shortfalls or incompleteness or cases where further information or clarification is needed shall be communicated to the applicant within 10 days from the date of applying, in such manner, as may be prescribed. (9) In all other cases, the applications for building permissions accompanied by all valid and required documents, as required and prescribed, shall be sanctioned within 2 1 days and in such manner, as may be prescribed. (1O) If no order is issued on the building application within the time prescribed, then the approval will be deemed to have been issued, as may be prescribed. The official concerned shall be liable for disciplinary action, if there has been a delay in arriving at a decision within the time period. (11) The permission issued under deemed clause can be revoked by the commissioner within 21 days from the date of deemed approval if it is found that deemed approval has been obtained by mis-representation of the facts or false statements, and/or against the building rules, regulations and Master Plan lald use provisions. A. Therefore, respondent No.3 has to satisfy himself with regard to the prima facie title and prima facie possession of the petitioners over the subject property. Respondent No.3 cannot go into title disputes, more particularly, when the aforesaid writ petition vide W.P.No.19106 of 201O is pending before this Court' g. In the light of the same, viewed from any angle, the impugned reiection order dated 06.12.2024 is liable to be set aside and accordingly set aside. Respondent No'3 is directed to c,onsider the Building permission application dated 06.03.2024 submitted by the petitioners basing on self-certifical.ion and self-declaration and issue Building permit order, if the same is otherwise in order and on satisfying ttrat the petitioners have complied with all other statut{rry requirements. Further, any construction being carrietl out by the petitioners pursuant to issuance of building permission, is subject to the result of W.P.No.19106 of 2OlO and petitioners shall not claim any equities. Pet.itioners shall submit an undertaking to the said effect ',vith respondent No.3 and respondent No'3 sha]l consid,:r the same. : I q. Accordingly, this writ petition is disposed of. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaleous petitions, if any, pending in the Writ petition shall stand closed. To, //TRUE COPY// SD/.T. TIRUMALA DEVI ASSTSTANT)ryGtSrRAR secdoNoFFrcER

1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad, State of Telangana.

2. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad.

3. The Zonal Commissioner, Secunderabad Zone Greater Hyderabad Municipal Corporation, Opp. City Civil Court, Secunderabad, Secunderabad.

4. One CC to SRI SRINIVAS POLAVARAPU, Advocate [OPUC] 5. One CC to SRI M.ARUN KUIMAR, SC FOR GHMC [OPUC] 6. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana at Hyderabad [OUT] cD coPies q A-- ,.: BS HIGH COURT DATED: 0310112025 CC TODAY ORDER WP.No.130 of 2025 (.o(3 1HE S i4 14. ,-) ,J 2 2 JA!\l 2025 .r' rt Z DISPOSING OF THE WRIT PETITION, WITHOUT COSTS Y+ L>- t; I \ o Cs'p-^-c.>