✦ High Court of India · 18 Feb 2025

Whereas, Sri v. Narsimha Goud, learned Standing Counsel appearing for

Case Details High Court of India · 18 Feb 2025
Court
High Court of India
Decided
18 Feb 2025
Bench
Not available
Length
1,220 words

Counsel for the Petitioner : SRI D.JAGADESHWAR RAO 99y_1sel for the Respondent No.1 ; Gp FoR McpL AqrylN AND URBAN DEVELOPMENT . ',. Counsel for lhe Respondent Nos.? & 6 : G.p FOR REVENUE Counsel for the Respondent Nos.3 & 4 : SRI V.NARSTMHA QOUD Counsgl for the Respondent No.S : SRt PUTTA KRTSHNA REDDY The Cqqrt mqde tfte following ORDER .' HON'BLE SRI JUSTICE K. LAKSHMAN \[I.P. No.4784 of 2o.25 ! ORDER: . Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Ms. T. Swetcha learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 "rlg 6, Sri V. Narsimha Goud, learned Standing Counsel appearing for respondent Nos.3 and 4 and Sri Putta Krishna Reddy, learned Standing Counsel appearing for respondent No.5. Perused the record.

2. Petitioner herein is claiming that it is the absolute owrrer and possessor of plot Nos. 126/D, L26/part and 126/C$ admeasuring 83 1.07 Sq.yds., 1n Sy.Nos.337 and 338, situated at Madhavapuri Township, South Avenue within respondent No.5-Municipality, on the strength of a registered sale deed bearing document No.414O6 of 2022, dated 07.12.2022. Petitioner's vendors have ' obtained 2 W.P.No.4784 ol 2025 building permission and approval for building permission, dated 28.7'.1.2022 for construction of 1 Stilt + 5 upper floors. Petitioner is proceeding with the construction strictly 1n accordance with the building permit order. E.ren then, respondent Nos.2, 5 and 6 are interfering with the constrr-rction without following due procedure laid down under law. Challenging the said action of the respondents, petitioner fi1ed the present writ petition.

3. Whereas, Sri Putta Krishna Reddy, learned Standing a' Counsel appearing for respondent No.5, on instructions, would subntit that as per the said building permit order, dated 28.11.2022, petitioner has to comm€nce construction on or before 28.O5.2}25ind complete the same on or before 28.7L.2025. Petitioner did not c()mmence 1\ construction. within aforesaid timelines. Ferusal of the photographs flled by the petitioner would also,reveal the said fact. Therefor,:, respondent No.5 will take action against the petitioner in a.ccordance with the procedure laid dourn under the Telanganzr Municipalities Act, 2Ol9 (for short .the Act, 20le',l. 3 W.P.No.4784 of 2O25

4. Whereas, Sri V. Narsimha Goud, learned Standing Counsel appearing for respondent Nos'3 and 4' on instructions, would submit that there is a dispute with regard to the land in Sy.No.15O of Hafeezpet Village and Sy.Nos.lOO and 101 of Miyapur Village' In compliance with the orders passed by this Court, respondent No'3 has already requested survey authorities to conduct survey' demarcate the aforesaid lands. The survey is a]3ost complete. However, respondent No'3 will request the Surveyor/authorities of Survey to put the petitioner on notice and afford it an opportunity while conducting it survey. Subject to the result of the said survey, respondent No.3 will take action against the petilioner herein strictly in accordance with the procedure laid down under law'

5. Perusal of the record would reveal that the petitioner's vendors have obtain ed' regilatization proceedings in respect of land admeasuring 374.03 square meters out of 694'46 squa-re meters in Sy.Nos.337 and 338 of the Miyapur Village' Vendors of the petitioner have also obtained 'aforesaid I 4 W.P.Nc.47a4 of 2O25 approval tc,r building permission, dated 28.11,.2022 for constructiorl of 1 Stilt + 5 upper floors. As p<:r the sad building permit order, petitioner shall commence constructiorr on or before 28.O5.2023 and compiet3 the same on or belbre 28.11.2025, failing which it arnounts to unauthorized construction. In serial No.2 of the said building permit order, it is stated that if the construction is not commenced within 18 months from the date o: approval, building application shall be submitted afresh dutyrpaying required fees;. Even photographs hled by the petitioner would revea-l that the construction is at the initial stage.

6. It is the specific contention of respondent No.5 that the petitioner hzrs not commenced cbfiJtruction on or before

28.O5.2023. Thus, there is violation of the aforesaid conditions. 7 In the light of the said discussion, thid Writ Petition is )) disposed of directing respondent Nos.3 and 4 to request the survey authorities to put the petitioner on notice and afford it an opportunity while conducting it survey for the: purpose 5 W.P.No.4784 of 2025 of dernarcation of land in Sy.Nos-lSO of Hafeezpet Village and 101 of Miyapur Village in compliance with the orders passed by this Court. Respondent No.5 shall take action, if any , against the petitioner herein for violation of the conditions in approval for building construction, dated 28.11.2022 strictly in accordance with the procedure laid down under the Act, 2019. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if tiny, pending in the Writ Petition shall stand closed' //TRUE COPY// SD/.A.V.S. PRASAD ASSTSTANT REGISTRAR ECTION OFFICER To ' ^ - ^- Telangana at HYderabad auiionrrY (HMDA), Ameerpet, Hyderabad'

1. The Principal Secretary, Municipality and Urbri6 Gvelopment pepartment ' i""*i"tiri, State of Telangana at Hyderab'd. 2. The Principal Secretary, R;;;;'; Department' Secretariat' State of 3 il;'&;;"sioner, HyoLRABAD METRoPoLITAN DEVELoPMENT - e ?Ii iiimEoFFlciR: H rt'tio'n, ruvriv'nam' Ameerpqt' Hvderabad' ; iiiE ert,lrEr'ipun rtrur'rrirpninv, Represented by its copmissloner' 6 il;iAisiLDAR, serilingamapallv Mandal' Ranga.Reddy'District 7 TWO CCS tO GF FOR MAFI A6MT'iAT'TP UNENN^DEVELOPMENT' High ' il;(;;tfu State of tetansana at Flvderabad' [oUTl 8 ffi b';;;GP ibR neVri'rue, ibi' court forthe state or relsnsana at , il; cci; Ani d uonoESHWAR RAo Advocate toALl9.!' io 5n" IC i" Snf PUrTA KRISHNA REDDY' Advocqte (oPUC) ' .i;. il; dC i; iFii v fuensruHn GeUe, Advocate (opuc) 12.Two CD Copies SangareddY District l.lvderabad lOUTl SA BS YI i, ( \- 1t{e SrArt <.,,^ \ I l 0 4 [iri, Zilii a' , . '\\ .)--.-...'ir.r - rrA' . a(a -_'" -;2 , I HIGH COURT DATED:18 t02t2025 ORDER WP.No.4784 ot ZO2S DISPOSING OF THE W.P WITHOUT COSTS. t6 *X"* L,v- @,' a.

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