High Court · 2025

The state of relangana, rep. by^its principar secretary to The Municiparity and Urban Development Authoiity, Secretariaie. HvOerabjO The Greater Hyderabad Municipar corporation', nep. ov rts commissioner, Greater Hyderabad lr4unicipal Corporation, HvOerjiiaO. Ihe zR lnfra Limited, Rep. by its lManaging Director and chairman Mr. Zuifi Havdjee, Atcazar plaza, and Towers, Road No..l , Banjara Hills, Hyderabid ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ or orders more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in not taking any action against the 3rd ,respondent in alienating by sale, transfer, mortgage the amenities Super market space and play school space provided, at ZR lvory Towers H.No. 02-0921213, pipe line Road, Jeedimefla, Hyderabad against Municipal Buildin! Permit No. 327o1tHotNZ/ct-1sl 2014, dt.10-03-2014 is illegal, improper null and void and consequen y direct the respondent to provide amenities, super market space and play school space at ZR lvory Towers, H.No. 02-092121J, Pipe rine Road, Jeedimefla, Hyderabad, as per the Municipar Building Permit No. 32701 lHOlNZtCir-1Sl2O1 4, dt. 10_03-2014 - lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Couft may be pleased to direct the respondents not to alienate by sale, transfer, mortgagtl the amenities Super market space and play school space at ZR lvory Tow--rs, H.No. 02- Og2t2lJ, Pipe line Roa,l, Jeedimetla, Hyderabad to any one third parties Counsel for the Petitioner: SRl. M. YESHWANTH KUMAR Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2: SRI K. RAVI MAHENDER, SC Counsel for the Respondent No.3: SRI M. PRANAV The Court made the following: ORDER - HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.20857 OR 2024 o RAL ORDER: Heard leamed counsel for the petitioner, Mr. K. Ravi Mahender, leamed Standing Counsel for respondent No.2 and Mr. M. Pranav, Iearned counsel for respondent No.3.

2. According to the petitioner, he and his wife are the absolute owners and possessors of semi-finished Flat No.103 in the first floor with a plinth area of 1 850 square feet including cortmon areas along with car parking together with undivided share of 49.95 square yards out of 12,266 square yards in 'ZR IVORY TOWERS' in Survey No.68/1 Part of Pet Basheerabad Village and in Survey Nos.345lA, 3461A, 346lAA, 347/A, 347lAA and 3481A, situated at Jeedimetla Village, Quthbullapur Mandal under GHMC limits, Medchal - Malkajgiri District, on the strength of a registered sale deed bearing document No.12098 of 2018, dated 31.05.2018. Respondent No.3 is the Builder- A1l the flat owners entered into a Development Agreement with respondent No.3, which has constructed the building and is trying to alienate the land earmarked for the purpose common amenities. It has also made construction in deviation to the building 2 KI,J w.r. No.20857 of2024 I permit order. In parking area, it has constructed godown. '[he same is unauthorized construction. Therefore, the petitioner has submitted representation dated 28.05.2024 to respondent No.2 with a request to take action against respondent No.3. Despite receiving arid acknowledging the said representation, respondent No.2 did not act upon the same. Aggrieved by the said inaction of respondent No.2, the petitioner filed the present writ petition.

3. Whereas, Mr. K. Ravi Mahender, leamed Standing Counsel for GHMC and learned counsel for respondent No.3, on instructions, would submit that on receipt of the said representation. respondent No.2 has issued notice dated 07.08.2024 to respondent No.3 with a request to furnish copies of the following documents: L Construction of strucfure in Cellar- 1 floor towards south- west comer and misusing the parking area as sbrage space. 2. Electrical rooms/Generator indicated in the Ground floor shifted to Cellar-1 floor.

3. Builder is trying to sell Amenities area to provide arnenities as per sanctioned plan.

4. R.W.H Pits constructed in drive way, not constructed as per sanctioned plan because of which Rain water is seeping into cellar tloors.

5. STP not functioning/not connected properly. 6. l0% Tot-lot not maintained and constructed swimming pool in Tot-lot area.

7. 2 gates permitted towards westem side but 3rd gate opened. 8. No proper earthing. 3 KL,J W.P No.20857 of2024

9. Drainage Water seepage in to Cellar floors and mixing of drainage water with drinking water in 2-sumps in sub cellar floor. 4 Seven (07) days time was granted. to respondent No.3 to submit copies of the aforesaid documents. On seeking extension of time, respondent No.3 has submitted explanation along with copies of the said documents ot23.08.2024.

5. Mr. K. Ravi Mahender, learned Standing Counsel .for GHMC has produced U.O. Note dated 22.02.2025 stating that the Deputy Commissioner, Quthbullapur Circle-25,, GHMC, has instructed to take necessary action to remove the structu res/dev iations in the cellar floor and to submit the compliance report to this court. The Deputy Commissioner concemed will take action. He has fumished copy of the said U.O. Note dated 22.02.2025 of the Chief City Planner, GHMC.

6. In the light of the said submissions, this writ petition is disposed of directing respondent No.2 to consider the representation dated 28:05.2024 submitted by the petitioners, notice dated 07 .08.2024 of respondent No.2 and the explanation dated 23 .0g.2024 submitted by respondent No.3, and take action against respondent No.3 strictly in accordance with the procedure laid down under the ( ( 4 KL,J \l.]'. No.20857 of2024 GHMC Act, 1955 by putting the petitioner and respondent No.3 on notice and affording them an opportunity of hearing. He shall complete the entire exercise within a period of four (.04) 'veeks from the date of receipt of copy of this order. In the circtrmsta.nces of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// sD/- A. SRtNtvAsA R ASSISTANT REGIS EDDY TRAR (i \I \_/ SECTION OFFICER To, Authority. Secreta riat, Hyderabad. Hyderabad [Vu n icipal Corporation, Hyderabad.' '1. The Principal Secretary to The l\rlunicipality and Urban Develtpment 2. Inq Commissioner, Greater Hyderabad Municipal Corporation, Greater 3. The ZR lnfra Limited, Rep. by its [Vanaging Director and chairman Mr. Zuifi . Bavdje^e, AlcSZar Pla1q.g1-{ loygrg', Boai No..t, Banjara Hitts, HyOeraUJJ' 4. One CC to SRI. IM. YESHWANTH KUMAR, Advocate ICIPUCI 5. Two CCs to GP FOR IVUNICIPAL ADMINISTRATIoN AND LiRBAN ^ DEVELOPME_ryT.:HlSf' Court for the State of Telangana, at Hvderabad [OU! 6. One CC to SRt. K RAVT MAHENDER, Advocate tdpucl 7. One CC to SRl. tV. PRANAV, Advocate tOpUCI B. Two CD Copies BM GJP q \ HIGH COURT DATE D:2 510212025 ORDER WP.No.20857 of 2024 l{1 C TA T J 11 AI R 2825 C. I f I o Espa r arl 9ta DISPOSING OF THE WRIT PETITION WITHOUT COSTS 6rll"' .kr €