The High Court · 2025

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 of mandamus or any other appropriate writ, order or direction declaring the Rejection Letter bearing Lr. No. 014050/GHMC/6B9BiSLP2/2023.8P, dt. 26.01 .2025 as well as the Shortfail lntimation Letter No. 014050/GHMCl6BgBlSLp2t2O23-Bp. dt. 17.12.2024 as being illegal, arbitrary. unconstitutional and in violation of Articles 14 and 21 of the constitution of lndia and consequently to set aside the same and direct the Respondents to grant building permission to the petitioner on her application No_ 014050/GHMC16898l SLP212023-BP in respect of her land admeasuring 706 sq. yards in Plot No. 33, Sy. No. 14 and 24, Khajaguda, Serilingampally, Ranga Reddy District. lA 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 No. 3 to consider afresh, process and take a decision forthwith on the application of the Petitioner bearing No. 014050/GHMC/ 6898/SLP2/2023-BP in respect of her land admeasuiing 706 sq. yards in Plot No. 33, Sy. No. 14 and 24, Khajaguda, Serilingampally, Ranga Reddy District, without reference to the reasons stated in the Rejection Letter bearing Lr. No. 014050/GHlMCl6BgBlSLP2|2O23-BP, dt. 26.01 .2025 by suspending the said rejection letter, pending disposal of the above writ petition. Counsel for the Petitioner : SRI SRIRAM POLALI Counsel for the Respondent No.l : GP FOR MCPL ADMN URBAN DEV Counsel for Respondent No.2&3:SRl G.MADHUSUDHAN REDDY, SC FOR GHMC The Court made the following: ORDER - HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.13985 OF 2025 ORDER: (ORAL) This writ petition is filed seeking to declare the impugned rejection letter v i de Lr.No. 0 1 40 5 0/GHMC/6 89 8 I SLP 2 I 2023 -BP dated 26.0 I .2025 as well as the shortfall intimation letter vide Lr.No.014050IGHMC/6898/ SLP212023-BP, dated 17.12.2024, issued by respondent No.3 in respect of the subject land admeasuring 706 square yards in Plot No.33 in Survey Nos.14 and 24, Khajaguda, Serilingampaily, Ranga Reddy District, as being illegal, arbitrary and unconstitutional.

2. Leamed counsel for the petitioner submitted that impugned rejection letter v ide Lr.No.0 I 4050/GHMC/6898 I SLP2/2023-BP dated

26.01.2025 was passed by respondent No.3 rejecting the building application of the petitiorer vide file No.014050/GHMC/6898/SLP2/ 2023-BP, dated 21.12.2023, on two (2) grounds: 1) the proposals submitted by the petitioner are not tallying with the ground position on all the sides as per the master plan. 2) proposals may be kept on hold until clarification comes from the ULC (Urban Land Ceiling) authorities to ascertain whether the subject land is Govemment land or the IILC land. 2

3. Leamed counsel for the petitioner submitted that so far as the objection with regard to rhe master plan for the purpose of granting building permission is concemed, the said issue came up for bonsideration before this Court in W.p. No. 19325 of 2020 and order dated 24.04.2023 was passed. The said order was confirmed by a Division Bench of this Court in judgment dated 15.10.2024 passed in W.A. No.l l2l of 2023.

4. In paragraph Nos.7 and g of the order dated 24.04.2023 passed by this Court in W.p. No. I9325 of 2020, it was held as under: "- "7..As on th.e da1e, the respondents have not acquired the properry* of the petitioners by initiating proceedings una., tt provisions of Land Acquisition Acr. 20 I 3 by allottint utt"*utiu" f InO ,r. payment of compensation lbr the value of the larid, which is ."qri."a fbr the purpose of widening olroad notified under G.o.MS.:iO, arl"J 18.08.2012. Even though the (iovemment has issued .rrr.;i;'f;r the Mancherial Municipality b1 notirying rhe same i" th" r";,.'til2,-.o ri., respondents have not taken anv steDs for implementation ot.tt an, therefore, the petitioners .oi,n..i has rightry ."rr".a"Jit"inoiit.urion issued by the Governmenr <ioes not taki away the right of ,fr""p",i,ion"rs to make application for building permission fo. ;.r;;ii;i or thc murtiprex complex. "-*urt".pf

8. In view of thc above, _this Court is of the vierv that since the petitioners' land is required .for the pr;.;; or'*ij"ning ol. 200 feet masterplan, the same shall be. acCyrre{ by th. .erpondenrs by. duly following the procedure as contemplated under the-provisions of Land Acquisition Act.2013 and in rhe.u"n, oiit. ilri,ion"rr, Iand is not :"g:il"d for acquisition, the respondents are directed to consider the building application submitted by the petition.r. ,i.*,fy in accordance with law." 3

5. Learned counsel submitted that letter vile Lr.No.El12367/ 2024 dated l2.l1.2024 has been addressed by the District Collector, Ranga Reddy District to respondent No.2 clarifoing that the land of the petitioner admeasuring 590.09 square yards in Survey Nos'14 and24,is not a ceiling surplus land under the Urban Land (ceiling and Regulation) Act, 1976 and recommendation was made for grant of building permission. According to the learned counsel for the petitioner, the said letter dated 12.11.2024 was not considered by the GHMC authorities though it was submitted along with the building application' I

6. Mr. G.Madhusudan Reddy, leamed Standing Counsel for GHMC, appearing for respondents No.2 and 3, submitted that the building application of the petitioner will be considered by duly following the judgment dated 15.10.2024 passed by Division Bench of this Court in W.A. No. I l2l of 2023 and the order dated 24-04-2023 passed by this , ! Court in W.P. No.19325 of 2020- t

7. In view of the facts and circumstances, the impugned revocation letter v i de Lr.No. 0 I 405 0/GHMC/689 8 I SLP 2 I 2023 -BP, dated | 7 . 1 2.2024, issued by respondent No.3 is unsustainable and the same is set aside' 4 I

8. Accordingly, this writ petition is allowed and respondents No.2 and 3 are directed to reconsider the building application ol'the petitioner dated2l.12.2023 without reference to the impugned rejection letter dated

26.01.2025 and by taking into considerarion the letter vide Lr.No.E112367/2024 dated 12.11.2024 addressed by the District Collector, Ranga Reddy District to respondent No.2, by giving opportunity of hearing to the petitioner and pass orders in accordance with law, within a period of twenty one (21) days from the date of receipt ofa copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. //TRUE COPYII To, I SD/. P. PONNA KRISHNA ASSISTANT REGISTRAR ( SECTION OFFICER I '1 ' The Principar secretary to the Governmenr Municipar Administration and Urban Devetopment, Secretarirt, Si"iJ o1TufuiiJna, nyderaba d _ soo 022 2. The Commissioner Greater Hyderabad Municipal Corporation (GHMC), CC Comptex, Tank Bund noao, HvoJiio;j '''-"'" ""' 3. The Zonal Commissioner,.Greater Hyderabad Municipal Corporation (GHMC) Seritingampaly zo ne, SeiitingJrprrii,, nJ,iriJ fr "ioy 4. One CC to SRt SRTRAM pOLALt, Advocate. tOpUCI 5. Two CCs to Gp FOR t4CpL ADMN URBAN DEV, High Court for the State of 6. One CC to SRt G.MADHUSUDHAN REDDY, SC FOR GHMC. [OpUCl 7. Two CD Copies. Telangana. [OUT] oirtri"t I BSK GJP *fr- HIGH COURT DATED:0210512025 1 E L,q, .,t :) n o *s s. cA ,,t, v rE 4,, CH 5*\ ORDER WP.No.13985 of 202i ALLOWING THE WRIT PETITTON WITHOUT COSTS @ \ I I