✦ High Court of India · 29 Jul 2025

The High Court · 2025

Case Details High Court of India · 29 Jul 2025
Court
High Court of India
Decided
29 Jul 2025
Bench
Not available
Length
1,581 words

B Sri Jayavardhan, S/o Sri. B. Sampath Kumar, Aged. 35 years, Occ. -8,-Asf,dfinagii, ilyd;;r;;i Business, R/o. H. No. 1-1O-14S.A. Street No 500020. AND 1 2 J 4 5 o 7 8 ...PETITIONER Government of lndia, Rep. through the Secretary, tvlinistry of Environment, Forest and Climate Change, lndiia paryavaran 6nrr"n, jor. Aigh R;;d] iij"* Delhi - 110003. The S1ate of Telangana, Rep., by its principal Secretary (Environment, Forests, Science and Technoto{y), TelanSjana Secieidrihi Hi;;;;b;; 500022. " State Level Environment lmp^act Assessment Authority ( SEIAA_ Telangana), Rep. by lvlember secretary., Stat^e r-ever enviionmeliidr rmpact Assessmenr Authority, 43- tndustriat E5tate, Sanathr"g;;, Hil;;;6ad - 5000.18. The Telangana State pollution..Control Board (TSpCB). Rep. by its Secretary Telangana State pollution Controf fjoarA, ni: p;il;r;'B;;;;;, lndustrial Estate, Sanathnagar, HyderabaO _ SOOOia Government of India, Represented through lvlinistry of Home Affairs, Rep. by its Director General, Fire Services,_Civit defenCe iirJrrp, no,n" Guards, East BtockT, Level7 , R.K. puram Sector_.l , Ne; D"thi - 1 10066. The Director General. Telangana State Disaster Response and Fire Services. Be^sid^e^rRDA, Nanakramgud-a, Financiar oistiici. rivo[iaoial r"irnir"#_' """ 500032. District Fire officer. (Ranoa Reddy-r), office of Madhapur Fire station, prot No. 25, opp oracte, pha"se-2, i6A,'nid;; cr",iyiil"iol'riaror,rpur, retangana_ 500081 Sri. P. Raja Rao, S/o. Late. p N.lgaghushanam, Aged. 70 years, Occ. Business, oJo. C-44, Road No. 10: Fitm tJagii, iuUr=tee fftf l6,-ffyriera6aO, Telangana. '\rlember

9. M/s. Sri Sai Ram Projects Limited, Represented by its tt/anaging Directo', Sri. S. Satyanarayana Reddy, having its Registered Office at 8-3-678, G-1, F'earl " Block, Sri Sai Rarn lVlanor, Sri Nagar Colony Road, Hyderabad, Telanga ra - 500045

10. M/s. Vasavi Reallors LLP, Represented by its Designated Partner Sri. Vi ay Kumar Yerram, #3-2-120186191N1, 12 and 2/'1 3, First Floor North End, Anilathmaja Housing Society, Road No. 2, Banjara Hills, Hyderabad, Telangana- 5000t14. ...RESPOND ENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated n the affidavit filed therewith, the High Court m;ry be pleased to issue a Writ Order or Direction particularly one in the nature of Vy'rit of [\/a nd am us a) Declaring the environmental clearance vide proposal No. IA/TG/IMl5/96560/2019, and lA/TGiMlS/96588/2019, issued on 231O5t2O19, respectively, in favour of dead person(s), in respect of multi storied residential project at Sy. Nos. 105 to 109, 111 to 114 of Hafeezpet village, Serilinganrpally Mandal and Municipa , Circle-'12, West Zone, GHMC, issued by the '1 st respondent, as illegal, rvithout jurisdiction, violative of Article 14 and 300-A of the Constitution of lndia arrd violation of principles of natural justice and cancel the said environmental clearances. b) Declaring the provisional No Objection Certificate, vide proceedings No. 0005022/PROV/Ranqa Reddy/2018, dated. 2910712018 and revised provisionat No Objection Certificate is;sued in ACK No. 169740002018, dated. 1510212019, in respect of (1) Tower and also other (12) Towers, issued in favour of dead person(s), at the instanr;e of respondents No. B and 10, issued by the responrlents No. 5 to 7, as illegal, w'ithout jurisdiction, violative of Article '14 and 300-4 of the Constitution of lndia and violation of principles of natural justice and cancerl the said NOCS lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suJrport of the petition, the High Court may be pleasr:d to suspend the operatron of the environmental clearance(s) vide proposal No. lA/TG/MlS/96560/2019, and lA/TG/IVlSi96588l2O19, issued on 23t051i,.O19. respectively, in favour ,tf dead person(s), in respect of multi storied residt:ntial project at Sy. Nos 105 to '109, 11 1 to 1 14 of Hafeezpet viltage, Serilingarr pally Mandal and Municipal. C,ircle-12, West Zone, GHMC, issued by the 1st resporrdent lA NO: 2 OF 2025 Petition under Se:tion 151 CPC praying that in the circumstances stat,rd in the affidavit filed in support of the petition, the High Court may be pleaserd to w suspend the operation of the provisional No Objection Certificate, vide' proceedings No. 0005022/PROV/Ranga Reddy/2018, dated: 29.O7-2018 and revised provisional No Objection Certificate, issued in ACK No. 169740002018' dated. 1510212019, in respect of ('1 ) Tower and also other (12) Towers, issued in favour of dead person(s), at the instance of respondents No. B and 10, issued by the respondents No. 5 to 7 lA NO: 3 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 dlrect the 1Oth respondent not to alienate any part of project area, in respect of multi storied residential project at Sy. Nos. 105 to 109 and 111 lo 114 of Hafeezpet Village, Sherilingampally IMandal. to any third party, pending disposal of the writ petition Counsel for the Petitioner: SRl. NIZAMPUR CHANDRA SEKHAR Counsel for the Respondent Nos.1&5: SRI B. MUKHERJEE Counsel for the Respondent Nos.2,3,6&7: SRI MOHAMMED IMRAM KHAN ADDL. ADVOCATE GENERAL Counsel for the Respondent No.4: SRI ZEESHAN ADNAN MAHMOOD SC FOR TSPCB Counsel for the Respondent No.'|0: SRI A. VENKATESH REPRESENTING SRI K. RAGHAVA RAMANA Counsel for the Respondent Nos.8&9: -- The Court made the following: ORDER THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGII: AND TH,E HON'BLE SRI JUSTICE P.SAM KOSITY WRIT PETITION No.21974 of 2025 ORDER: Learnec counsel Sri Nizampur Chandra Shekha- appea-rs for ttre petitioner Learnec counsel Sri B. Mukherjee appears for' respondent lrlos. 1 and 5. Sri Mohammed Imram Khan Iearned Additional Ad\ ocat c General, appears for- respondent Itlos.2,3, 6 and 7. Sri Zeeshan Adnar Mahmood, learned Standing Counsel for Telangana Stat(l Pollution (lontrol Board, appears for respondent No.4 Sri A.Venkatesh, learned Senior Counsel, representin6; iearned counsel Sri K.Raghava Ramana, appears for respondent Nc. 1O Tl-re u.ri.- lletition has bcen prelerred for tl-re following,

2. relief: "For thr: re:LSOns stated in thc ar;compalying af{idavit, thc HorL'ble Lligh Corrrr r-n:rr br-: pleased to issu(. a Writ, Ordcr or L irection particrrl:rr IY onc in the nature C)1' Writ of Mandanrus, 2 - x Declzrring the cl'rvironmente cnvironmcntal a) clcar:urcc vide propos: No IA/TG/lvllS 196560 l2019 'alrLd IA/TG/ MIS/96 588l2}lg issucd on 23.Oit.2O),9 respectivclv in favour o[ dead pcrson(s) in respect of multr storied rcsidenti:rl project at Sy.l\os.105 to 109- 11I to I14 of l-{afcczpct Village, Serilingampally Mandal arrd Mr'rnicipal Circle- t2, Wcst Zone, GHIr{C, issued by the 1'' respondcnt, as illega1. rvithoul jurisdiction, violative of Article 14 and 3OO A of the Constitution of India and violation of principlcs of natur:rl justicc ancl calcel the saici cnvironmental clearanccs ancl pass such and fur'.her orCcrs in tl-re interest cf jus ticc. b) Dcclaring thc provisionztl No Objectiorl Clrtillcatc vidc procecclings No.OO05O22 / PROV/ Ranga Rcddy/2018, dated 29.O7.2O I8 :rnd r-cvised pr-ovisionzrl No Objection Certificatc' issuecl in .\CK No. i69740002018, datcd 15-02 2019, in rcspect of (L) To"ver ancl also other (12) 'lowers, issued in favour of dcad pcrson(s) at thc instance of respondcnts No-8 and 10, issucd by thc respondcnts No.5 to 7, as illegal, rvithout lurisdiction, violative of Article 14 and 300-A of thc Constitution of tndia and violation of principles of natural justice and calcel the said NOCs and pass such and further ordcrs in the intcrcst o[jr-rstice."

3. The averments made at paragraph Nos'4, 5 and 6 of the '"vrit ailidarrit inclicate f-hat petitioner has himself entered into a developmcnt agreement with respondent No.9. The statement at paragraph 11 also indicates that he had approached the Real Estate Regulatory Authority in reiation to certain grievances regarding the clevelopment agreement. It further appears from the order daterl

21.09.2024 passed in W.P.No.2630 I ol 2024, rvhich r.r'ar; filed by the r;ame petitioner concerning the s:rme subjec: matter of deveiopment of the property in question, tha _ interim dirr:ctions \ rere given against the samo respondents, who are respondent Nos.S to 1O herein, not to proceed with any constructions contrary to the sanctionecl plan dated Oi' .O2.2O2O and certain direction w'as also giver. to the Greatr:r Hyderabad Mr-rnicipal Corporation to take appropriate action for removal of illegal and unauthorised constructions.

4. Strong opposition has been made to the locus of the petitioner anr-l the maintainabilitv of the writ ltetition on such p1ea. It has also becn pointed out to r.rs that the remedy lies before the National Green Triblrnal under Section 16 ol the National Green Tribunal Act. 2010, b1, any person aggrieved against grant of en,".ironmental clearance. 4 -q

5. On being confronted rvith these facts, learned counsel for the petitioner seeks permission to wi[hdraw the vrrril petrtton.

6. Permission is allou'cd alid thc r,vrit petition IS accordir-rgly dismisscd as u'ithdrawn. However, thcre shal1 be no order as to costs. Miscellaneous applicatrons pending, if any, sha11 stand closcd //TRUE COPY// To, SD/.N. SRIHARI DEPUry REEISTRAR3 SECTION OFFICER '1. One CCto SRI NIZAIUPURCHANDRASEKHARAdvocate IOPUCI 2. One CC to SRI B. MUKHERJEE Advocate [OPUC] 5. o;; cc to sRt zEESHAN ADNAN MAHMooD sc FoR TSPCB [oPUC] ;. o;; cc to snr K. RAGHAVA RAMANA Advocate [oPUC] ;. i;; ccs to ADVOCATE GENERAL, High cou( for the State of Telansana at Hyderabad. [OUT] Two CD CoPies 6 KKS LS HIGH COURT DATED:2910712025 z-;.,t: z-'itl' - ' . a- \l; \ ? 0 0[I 2ry9 ). .l .j "ir - "tr" "l '_i: ._--_- -:-jr' ,i, ORDER WP.No.21974 of 2025 DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS ..J -)

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