High Court · 2025

Judgment

1. 2 3 4 5 ...PETITIONER I!:.,,i,',?l?"""l.ortlil,r,,B?,"ffi fi :,.,,J,:o.iiffl?t"i3iji!11*r#:Id3,5", I?r%3'fl T,:B';ffi h."i::[iJ#,;s:tt",yill?Blucoorporation(GHMC),Head I3:.'3ffi :.:'?,illJffi l_"#3:", j,XI*T:3:+#H!:f,,133Jg3!'''"'(GHMC), iffi:1!i;Jzt,t:f.::llr:Hl rhe Zonar commissioner, GHMc, L a ru,g,, Jhe, Public_ lnformation Officer cum Deputy Commis circte-1, L B Nasar2onelivoerroio, i;[ftr;;,,,,,'rSSroner, GHMC Kapra

Petition under Articre 226 0f 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 particurarry one in the nature of Writ of Mandamus _ ...RESPONDENTS i) directing Respondents No. 2 and 3 to forthwith consider and dispose of the petitioner,s application dated 13.05.2025 with File No. 001014/GHMC/0070I/SWCWLBNl/2025 for grant of finat buitding permit order for construction of a compound wall, within a time frame as may be strpulated by this Honble Court, r, I ii) direct the respondents to immediately remove the signage board erected by the Greater Hyderabad Municipal Corporation (GHMC) in front of the petitioner's land. 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 Respondents No. 4 and 5 to consider and dispose of the petitioners RTI application dated 27.03.2025 in accordance with law and within a time frame as may be stipulated by this Honble Court pending disposal of the above writ petition. Counsel for the Petitioner: SRI M.SUDHAKAR Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2 to 5: SRI SRINIVAS RAO PACHWA, SC FOR GHMC The Court made the following: ORDER r) HONOURABLE SRI IUSTICE B.VIJAYSEN REDDY WRIT PETITI ON No.23487 oF2025 ORDER: (ORAL) Heard Mr. M.Sudhakar, leamed counsel for the petitioner; Mr. Srinivas Rao Pachwa, learned Standing Counsel for GHMC, appearing for respondents No.2 to 5; and perused the materiar on record.

2. It is the case of the petitioner that he is the absolute owner and possessor of the the subject properry admeasuring 2lg6 square yards covered by Survey Nos.l I I and 1 16, situated at Venkata Ramana Colony, Mallapur Village, Uppal Mandal, Medchal_Malkaj giri District. It is stated that the subject property is a part of layout plan and falls to the share of the petitioner which is earmarked as 'site for amenities' in the HUDA approved layout bearing No.452gAvIp2 / I{UDN}i which is a sealable area in view of the clarification vide Lr.No.1 1599/Misc/Mp2l Plg.ftl/2009 dated, 23.06.2010 issued by the Hyderabad Metropolitan Development Authority (HMDA).

3. Leamed counsel for the petitioner submitted that the total area of land which has to be reserved for roads and open spaces is 40oz whereas the total land of the petitioner is 85905 square yards. The area covered , Z by roads is 24,805 square yards and the area covered by open spaces rs 9,577 squarcyards, totatling to34,382 square yards i'e' 40'02Yo of total area. That as per the condition No'13 of the HUDA approved layout' 4O%o of the area i.e. 34,382 square yards which was mandated' was surrendered to the Municipal Authority' The remaining 60% of the plotted area including the amenities area which is the subject matter herein is a sealable area. Subsequently, the petitioner submitted application dated 13.05.2025 with file No'00101 41G!IMClOOT0ll SWCWLBN1 12025 to the respondent authorities through Build Now portal for grant of final building permit order for construction of compound wall in the subject property' According to the petitioner' his application either has to be processed or has to be rejected within a period of twenty one (21) days as per Section 7 of the Telangana State Building Permission Approval and Self Certification System (TS-bPASS)Act,2O20(forshort'Act').Sofar,theapplicationofthe petitioner has not been processed. The petitioner submitted an application dated 27.03.2025 under the Right to Infonnation Act, 2005; the same was not properly responded and on the other hand, the respondent authorities have erected a signage board showing that the subject property belongs to the GHMC. 3

4. Leamed standing counser for GHMC submitted that the application of the petitioner dated 13.05.2025 will be duly considered in accordance with law

5. Recording the aforesaid submission, without entering into the merits of the case, this writ petition is disposed of directing respondents No'3 to 5 to consider the apptication of the petitioner dated 13.05.2025 with file No.001014/GHMC/00701/SWCWLBN1/2025 for grant of hnal building permit order for construction of compound wall in the subject property, by giving opportunity of hearing to the petitioner and Venkat Ramana Colony Association through their authorized persons, and pass orders in accordance with law, within a period of twenty one (21) days from the dare of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. //TRUE COPYII SD/-P. FONNA KRISHNA SISTANT REGISTRAR ION OFFICE R To, '1 . The PrinciP al Secretary, lrilunicipal Administration Department, Secretariat, Hyderaba d, State of Telanga The Commissioner, Greater Hyderabad Municipal Corporation (GHI\IC), Head Office, Tank Bund Road, Hyderabad, Telangana - 500063' nd Urban Development na_ ..) TheChiefCityPlanner,GreaterHyderabadMunicipalC^orporation(GHMC)' Ueio Ottice, t'ank Bunci Road, Hyd6rabad' Telangana : !00063 . . -i:

4. The Frrst Appellate Authority cum The Zonal Commissioner, GHI\/C, L.B. Nagar Zone, Hyderabad, Telangana

5. The Public lnformation Officer cum Deputy Commissioner, GHMC Kapra Circle-'l , L.B Nagar Zone, Hyderabad, Teianlana. 6. One CC to SRI IvI.SUDHAKAR, Advocate tOpUCI T One CC to SRI SRINIVAS RAO PACHWA, SC FOR GH|\,4C IOPUCI 8. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana at Hyderabad [OUT]

9. Two CD Copies BSR BS a t HIGH COURT BVRJ DATED: 1110812025 (\ 1H o ,- 15 SEP 2ffi ,+ t' D.,: so,., r. vrC() t ORDER WP.No.23487 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \ S(