Writ Petition No. 2014 of 2022 · High Court · 2025

Judgment

1. 2 3 4 The State of Telangana, rep by its Prl. Secretary. lvlunicipalities and tvlAUD Department Secretariat. Hyderabad The Greater Hyderabad Municipal Corporation, Rep by Commissioner Lower Tank Bund, Hyderabad The Greater Hyderabad Municipal Corporation, Rep by Deputy Commissioner Circle 28, Malakigiri Circle, Hyderabad The Greater Hyderabad Municipal Corporation, Rep by Deputy City Planner Town Planning- Section, Circle 28, Malakjgiri Circle, Hyderabad ...RESPONDENTS

Petition under Article 226 of lhe 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 Mandamus, declaring the proceeding No. 6571/TPS/C2BIGHMCl2O21, daled 24.12.2021 in revoking the house permission of the petitioners in House Bearing No.16-84 on Plot No. 1/A in survey no. 711 admeasuring 125.4 sq yards situated at New Mizalaguda, Malkajgiri within limits of Greater Hyderabad Municipal Corporation limits, is illegal, arbitrary, contrary to the provisions of GHMC Act, violation of principtes of natural justice, and violation of fundamental rights guaranteed under constitution of lndia by setting aside the same and I I I I consequently direct the respondents to allow the petitioners to proceed with the further construction. lA NO: 1 OF 2022 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 respondents to allow the petitioners to proceed with the further construction in House Bearing No. 16-84 on Plot No. 1/A in survey no. 711 admeasuring 125.4 sq yards situated at New Mizalaguda, Malkajgiri within limits of Greater Hyderabad Municipal Corporation Limits, by suspending the impugned proceedings No.6571/TPS/C28|GHMC|2021, dated 24j2.2021 issued by the respondents, pending disposal of the main writ petition. Counsel for the Petitioner: SRI DUNNA AMBEDKAR Counsel for the Resoondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2 to 4: SRI G. MADHUSUDHAN REDDY, sc FoR GREATER HYDERABAD MUNTCtPAL CORPORATION(GHMC) WRIT PETITION NO: 2223 OF 2025 Betwee n: Chintala Sudhaker, S/o.Ch. Narayana, Aged about 40 Years, Occ: Private Employee, R/o. H No. 16-84, New Mirjalguda, Malkajgiri, lr4edchal Malkajgiri District ...PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Hyderabad 2 The Hyderabad Disaster Response and Asset Protection Agency, Office at 7th Floor, Bhudha Bhavan Ranijung side of Tankbund Rep by its Commissioner.

3. The Greater Hyderabad Municipal Corporation, Rep by Commissioner Lower Tank Bund Hyderabad.

4. The Greater Hyderabad Municipal Corporation, Rep by Deputy. Commissioner Circle -XXVIll Malkajgiri Circle, Hyderabad.

5. The Greater Hyderabad Municipal Corporation, Rep by Deputy City Planner Town Planning section, Circle 28, Malkajgiri Circle, Hyderabad. r' ,..RESPONDENTS 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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAIVUS declaring the action of the 2nd respondents in demolishing the petitioners house bearing No. 16-84, situated New Mirjalguda, Malkajgiri Circle - XXV|ll, within the Ilmits of Greater Hyderabad Municipal Corporation is illegal, arbitrary, violation of principles of natural .iustice, fundamental rights guaranteed under the Constitution of lndia, contrary to the evidence on record and as well as the provisions of The Hyderabad Disaster Response and Asset Protection Agency Act and consequently direct the 2nd respondent not to demolish / interfere the petitioners house bearing No. '16-84 situated New Mirjalguda, Malkajgiri Circle - XXV|ll, within the limits of Greater Hyderabad Municipal Corporation. IA NO: 1 OF 2025 Petition under Section '1 5'1 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 2nd respondents not to demolish / interfere petitioners house bearing No. 16- 84, situated New Mirjalguda, Malkajgiri Circle - XXVlll, within the limits. of Greater Hyderabad lvlunicipal Corporation, forthwith pending disposal of the main writ petition. Counsel for the Petitioner: SRI AMBEDKAR DUNNA I Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel forthe Respondent Nos.3 to 5: SRI G. MADHUSUDHAN REDDY, sc FoR GREATER HYDERABAD MUNICIPAL CORPORATION(GHMC) Counsel for the Respondent No.2: SRI KATIKA RA,VINDER REDDY, SC FOR HYDERABAD DISASTER RESPONSE AND ASSET PROTECTION AGENCY(HYDRAA) The Court made the following: COMMON ORDER THE TI0\'I}LI! SRI JUSTICE K. T,AKSIIMAN WRIT PE'I'I IION Nos. 2014 of 2022 and 222 3 of2025 COMMON ORI)EII: Heard Mr. Dunna Ambedkar, learned counsel appearing for petitioners ancl Sri G. Madhusudhan Reddy, learned Standing Courrsel lbr Greater Hyderabad Municipal Corporation (Gf lMC) appearing for respondent Nos.2 to 4 in W.P.No.20l4 of 2022 and respondent Nos.3 to -5 in W.P.No.2223 ol 2025 and Sri Katika Ravinder Reddy, leamed Standing Counsel fbr Hyderabad Disaster Response and Asset Protection Agency (HYDRAA) appearing for respondenr No.2 in W.P.No.222.1 of 2025.

2. Cornmissioner, GHMC, has received complaint dated

20.10.2021 frorn one J. Sri Ram alleging that petitioners obtained building pormission against the proposed Master plan of 66'.0" (20 nreters) by considering as 30'.0" road without deducting road affected area for the proposed 60'.0". They have made construction of house bearing No.l6-84 by I 2 KL. J W.P.Nos.2O14 ot 2022 and 2223 ot 2O2s encroaching into the road. Therefore, permission obtained by petitioners and construction made by them are in violation of the building rules and also Master Plan.

3. On receipt of the said complaint, Commissioner, GHMC, has issued show cause notice dated 03.11.2021 directing petitioners to submit explanation. They have subrnitted explanation on 08.11.2021 . Thereafter, vide ord,er datcd 24.12.2021, Comrnissioner, GHMC, revokcd the building permission obtaincd by petitioners. Challertging thc said revocation order dated 24.12.2021, W.P.No.2Ol 4 ol'2022 has been filed.

4. Vide order dated 12.01.2022, this Court while directing the matter to be listed on 28.01.2022 for filing counter by respondents, directed respondents not to demolish the subject property.

5. While the matter stood thus, Commissioner, HYDRAA, lras received complaint dated 02.09.2024 from Mirjalguda Welfare Association, Malkajgiri, stating that petitioners rnade 3 KL, J W.P.Nos.2014 of 2022 and 2221 ol20)5 construction by occupying the road' The same is in violation of the order dated 1(r.12.2021 passed by the Division Bench of this Court in Writ Petition (PIL) No.60 of 2021

6. On receipt of the said complaint, Deputy City Planner, HYDRAA, has issued notice dated 02.01.2025 requesting petitioners to submit copies of following documents. t. ii. iii . iv. vi. vii. Copy ol Sanctioned Plan & its Proceedings Copy ol Registered Documents of property. Copy of Link Docurnents. Copy of Layout plan. Details of Courl cases (if anY). Development Agreement Society Resolution Other docurnents related Three days time was granted to petitioners. He had submitted explanation dated 06.01 .2025 alor,g with copies of the said documents. Without considering the said explanation, respondents tried to demolish the subject property. They have also made markings. Challenging the said action of the respondents, Writ Petition No.2223 of 2025 has been filed.

7. Sri Katika Ravinder Reddy, learned Standing Clounsel for HYDRAA. on instructions, would submit that Deputy City i 4 KL. J w.P.Nos.2oI4 of 2o22 aod 2223 of 2025 Planner, HYDRAA, will consider explanation dated

06.01.2025 along with copies of documents subrnitted by petitioners and take action, ifany, against petitioners strictly in accordance with law and by putting petitioners and complainant on notice and affording them an opportunity of hearing.

8. In the light of said submissions and also subsequent developments, revocation order dated 24.12.2021 passed by Cornmissioner, GHMC, IS set aside, and both the Writ Pctitions are disposed of with direction to Deputy City Planner, HYDRAA, to consider the explanation dated

06.01.2025 along with copies of thc documents submittcd by petitioners pursuant to notice dated 02.01 .2025, and take action, if any, against petitioners by following proccdure laid down under the law and by putting petitioners aud complainant on notice and affording them an opportunity of hearing. He shall complete the said exercise within a period of six (6) weeks from the date of receipt of copy of this order. Till then, the authorities of HYDRAA shall not proceed further I I I I I I I I 5 KL, J W.P.Nos.2Ol4 ot 2022 and 2223 ot 2025 pursuant to notice dated 02.01.2025. There shall be no order as I to costs. Miscellancous applications, if any pending, shalI stand closed. l //rRuE coPY/t ASssiRiToR?DG,!'+[X'h / Bki( SECIION OFFICER to,, The prl. Secretary, The state of relangana, Municipalities and MAUD ,li8tnTl.:t"'iSittre?+',""?Blt"d,rheGreaterHyderabadMunicipar " glys:1sl #jlilfl0rilL"|. circle 28, Malakigiri circle' rhe Greater ; iitgff , ttiltr*#fltrilfriffi Eqf,trtf, j,::*::'; "::. , Sly*$". itJlffi i8fr ,13;.il #flT;ff tE i"'..rc'" "t"' H vd era bad M un ici pal ror Hvderabad Disaster Response r 3onr.J333"{?[Y,?), n'"in0"1.31995 PC " I'"li i.i,ji p-,otection Agencv(HYDRAA) 9. Two CD CoPies TJ GJP HIGH COURT DATED:2810112025 I '! C) u C \ \ v;tt >l *. f o 1 E t. ,I .9 $* (a <vg COMMON ORDER WP.Nos.2014 of 2022 and 2223 of 2025 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS ,/l/z 3a/a,/l 5