High Court · 2025

..,..RESPONDENTS Petition Under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of wRlr oF MANDAMUS decraring the action of the Respondent No.3 herein in rejecting the Buirding Apprication pran through their Short-fail Letter dated 06-12_ 2024 in File No.002475/cHMC/1 186tsEc2r2oz4-Bp in respect of prot No.9/A admeasuring 690 Sq.yards in Sy.No.74l9, Ward No.10, Block No.3 in the Layout of Seva Mandar co-operative Housing Society, situated at East Marredpary, secunderabad, Hyderabad District on the ground that severar cases are pending as illegal, arbitrary and opposed to provisions of the GHMC Act and viorative of Articles 14. and 300-4 of the constitution of rndia as we, as opposed to the ;a Orders passed in W.P.M.P.No.24179 of 2010 in W.p.No.19106 of 2010 dated 01- 11-2O1O and consequently direct the Respondent No.2 and 3 to sanction Building Sanction PIan vide Building Application dated 06-03-2024 in File No.002475/GHMC/1 1 B6/58C212024-BP. |.A.NO:'l OF 2025 Petition Under Siection 151 CPC praying that in the circumstances stated in the affidavit filed in s rpport 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 Building Application dated 06-03-2024 in File No.002475/oHMC/1 186/sEc2t2o24-BP in respect of plot No.9/A admeasuring 690 Sq.yards in Sy.No.74l9, Ward No.10, Btock 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 ther above writ petition. Counsel for the Petitioners : SRI SRINiVAS POLAVARAPU Counsel for the Respondent No.1 : GP FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI M.ARUN KUMAR The Court made the following ORDER I IION'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.97 0F 2o2s ORAL ORDER: Heard Sri Srinivas polavarapu, learned counsel for the petitioner, learned Assistant Government pleader for Municipal Administration and Urban Development for respondent No.1 and Sri M. Arun Kumar, learned standing counser appearing for responclent Nos.2 a.d 3. Perused the record.

2. Petitioners are claiming that they are the absolute owners and possessors of plot No.9/A, admeasuring 69O sq.yds., covered uncler Ward No. 10, Block No.3, MCH layout being part of Revenue Sy.No.74/9, in the layout of Seva Mandal Cooperative Housing Society, East Marredpally, Secunderabad, which is part of lavout File No.91lLayout/ SD/89 ard permit No.16/76, dated 26.03.1997, under a regrstered sale deed bearing document No.447 of 2024, dated I2.O2.2O24. With an intention to rnake construction in the subject property, l I I 2 petitioners have submitted arl application dated

06.03.2024 r.tnder TG-bPASS by way of sclf declaration and self ct:rtification to respondent No.3 seeking permission hrr construction. Vide impugncd order dated

06.12.2024, respondent No.3 rejected the, said application s;tating that as per report of the RDO., SecunderabaC, SDC., ULC & LA (Genl), the subject land to an extent of Ac.3O6-15 gts., is recorded as 'SARKARI' and covcrcd bv severa-l court cases

3. Perusal of record would reveal that with regard to the land in Sy.No.74 /9 of Seva Mandal Cooperative Housing Socrety, Sri Rajesh Tak had filed a writ petition vide W.P.No.389O of 2O2O challenging the return of Building permission application submitted by him vide Shortfall letter dated 06.O2.2O2O. Vide order dated

07.O5.2O2O in the said writ petition, this Court directed the Municipal Authorities to consider the said application. 'Ihis Court also considered the pendency of W.P.No. 19106 of 2010 before this Court, wht:rein, a I i i 3 Division Bench of this Court refused to graat stay with the observation that any construction macle would be at the risk and cost of the respondents therein and subject to the final orders that may be passecl 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 Municipat Corporation to process the applications submitted by the petitioners for building permission without regarcl 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 statulory 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. 168. 4

1.e g. This Court aiso granted similar reliel in other writ W.P.Nos.35237 of 2Ol4 on 26'12'2014, petitions 43282 of 2Ct1B on 29.1 1.20 18 and 3B8B of 2O2O on 02.06.2O2O, etc. Petitioner herein is also standinSl on the very same footing' To maintain padty, he is also entitled for the same relief. It is also relevant to note that Section 7 of the 6. TS-bPASS) ACT, 2O2O deals with 'Approval of Building permissions' and the same 1s relevant and is extracted below:

7. (l ) No piece of land shall be used as a sitc for the constructior-r ol a building, and no building shall be constructe(l or reconstructed, and no additiort or alteratiot-t shall be made to an existing building wirhout the self c:ertification based declarations or thc required approval in the manner prescribed, relating to the r'.tse of building sltes or the construction or reconstructirln of buildings: Pr-ovicled that the Government may exempt c( rtain buildings from taking building permission under this section, in the manner prescribed. Frrr plot size upto 75 square yards (63 square (2) meters), and the construction of ground or ground plus one floor, will not require any permission. The applicant ./' 5 however need to register online with a token amount ol. Rs. 1 and duly self certifying his title, the size of the plot and floors, it shail also not require a completion certificate or occupancy certificate. Any plot bigger than 75 sq yards cannot be split for this purpose or this provlsron cannot be misused lor taking up constructions in government or prohibited or disputed land and action as prescribed shall be initiated for violations noticed. 10 (3) Plot size upto 500 square meters and height upto meters: The permission applications for all the individual residential buildings having plot area of 5O0 square meters and less and building height of 10 meters as specified, shall be processed through an online based Self-Certilication System in accordance with the Master Plan or Detailed planning Scheme or Locar Area pran and the building rules and in the manner prescribed, and upon furnishing all required information details shall get inslanl online approval. (4) The onus to ensure authenticity ol. self_ certification and compliance with the self_certification lies with the applicant, who shall be held personallv accountable and liable in case of false declaration action shall be rnrtiated against the said person, prescribed. S (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 6 shall takc -up thc clemolition rt'ithout issuance of anY the District 1evel committee may verily r-rot ice. I"r: rther, submitted, and in case of anY the docu ments misrepres,:ntation or false statement' the action shall be taken as prescribed SO (6) Ci',izens shall be encouraged to bring to the notice Munic,iltality and District Collector cases r'r'here unauthor',zed construction or construction in violati'ln of or in cxccss of permissions, in the manner prescribed' The ide ntitv of such informers shall be kept confide nlial' All such cases shall bc cxamined within a wcek from such information and appropriate action initiated The informan i sha11 be incentivized in all such cases rvhere the inforrn;lLlon furnished b1' him is found to be corr'lct' (7) PloL sizc 1O tne ters above 500 square meters and height There shall be a single window svstem in case of applications for building permission in plots of area above 500 square meters and height above lO meters and a1l Commercial Buildings' High Rise Building:;, Group Development Schemes, Group Horrsing' Apartmen- Complexes, Multiplexes, Non Resiclential Buildings and other such constructions' which require multiple NOCs, one common application form shall be submittcd through web based online systetn as prescrib,:tl. 'I'he online applicalion has to be submitted u'ilh (8) a1l requisite documents as may be prescribed' The online system sl-rall not accept thc application unless al I such documenl,s are submitted. Such documents upol1 7 submission shall be examined by the single window committee set up for this purpose and shortfalls or incompleteness or cases where further information or clarihcation 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 21 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 approvai has been obtained by mis-representation of the facts or false statements, and/or against the building rules, regulations and Master plan land use provisions. n. Therefore, respondent No.3 has to satisfy himself with regard to the prima facie title and prima facie possession of the petitioner over the subject property t l, i l l l I i 8 Respondent No.3 calnot go into title disputes, more particularly, when the aforesaid writ petition vide W.P.No. 19106 of 2010 is pending before this Court. g. In the light of the same, viewed from any angle, the impugned re-iection order dated 06.72.2024 is liable to be set aside an,:l accordingly set aside. Respondent No.3 is d.irected to consider the Building permission application dated 06.03.2024 submitted by the petitioner basing on self-certification and self-declaration and issue Building permit order, if the same is otherwise in order ald on satisfying th,at the petitioner has compliecl with iill other statutory rccpirements. Further, any construction being carried out by the petitioner pursuant to issuance of building pe rmission, is subject to the result of W.P.No.191C,6 of 2010 and petitioner sha-ll not claim any equities. Petitioner shall submit an undertaking to the said effect rvith respondent No.3 and respondent No.3 shall consider the same 9 g' Accordingry, this writ petition is disposed of. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ petition shall stand closed. SD/-P. PADMANABHA REDDY ASSISTAN REG //TRUE COPY// s TION OFFICER 'l ' The Principal secretary, Municipar Administration and Urban Deveropment ^ Department, Secretariat, State of Telangana at Hyderabad. 2. The Commissioner, Greater Hyderabad"Municipai Corporation, Tank Bund, Hyderabad. The Zonal Commissioner, Secunderabad Zone Greater Hyderabad Municipal 90rpgrgtion, Opp. City Civil Court, Secunderabad, SecunOeraOaO. Two CCs to Gp FoR McpL ADMN AND URBAN beVelopN/leNr, Higt Court for the State of Telangana at HyderabaO. tOUfl Qne QC to SRt SRtNtVAs pouvedapu, novocateioeucl 9n" 99 to SRt M.ARUN KUMAR, navociie tcjFutj '- Two CD Copies To

4. 5 6 7 SA BS HIGH COURT DATED:0310112025 C.C . TODAY ORDER WP.No.97 ot 2025 F1ATEH.1 c Q c :) i!25?NAI u 2 1 l. \- a * r ;\ s ..'.' :)/ \) DISPOSING OF THE W.P WITHOUT GOSTS. Lc w>5