Heard Mr.s v. poomasri, learned corrnsel frrr l, i

Petition Under Article 226 of the constitutron of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or order or direction more particularly one in the nature of the Writ of Mandamus, declaring that the action of the Respondents in not considering the Petitioners Application for construction of stilt for parking plus 2 Upper Floor to an extent of 38.46 sq. meters of the petitioners land situated at -: , , ..t! -_.? Plot No. 14-2-193111A, Gyan Bhag Colony, Locality, Surve', l.o Abadi, Nampally Village, Nampally [Vlanrial, Hyderabad and also declare the 1re Rejection Letter No.000149iGHMC/001115/1RiC1412025, dated 01-08-2025, c,: 1re Respondent No. 3 as illegal, arbitrary ard violative of Articles 14 and 300-A r.r the Constitution of lndia, and also against the Greater Hyderabad lvlunicipal (.)'rr-po.ation Act, and also apart from being violative of principles of natural justice ,r rd consequently set aside the same as bad in law and further consequently issu:,; direction, directing the Respondents to consider and pass fresh permissic on the Petrtioners Representation forthwith. I.A.NO:1 OF 202s Petition Under Section 151 CPC praying that in the c ().rmslances stated in the affidavit frled in support of the petition, the High CoL t may be pleased to issue a direction, directing the 3rd Respondent herei,r to re-consider the Petitioners representation for construction of stilt for parkinr: r 2 Upper Floor to an extent of 38.46 sq. nreters of the Petitioners Iand situatr:, at Plot No. 14-2- 193111A, Gyan Bhag Colony, Locality, Survey.No Abarl Nampally Village, Nampally Mandal, Hyderabad afresh forthwith, pending , sposal of the writ petition. Counsel for the Petitioners : M/s V.POORNASRI Counsel for the Respondent No.1 : GP FOR MCPL ADMN ,11'lD URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4 : SRI MIDDE ARUl,l I(UMAR, SC FOR GHMC The Court made the following ORDER THE HONOURABLE SRI.IUSTICE B. VIJAYSEN REDDY WRIT PIITITION No.27854 OF 2025 ORDER:(ORAL) This writ petition IS filcd by the petitioners seeking the lollowing relief: "... to issuc urit or order or dircction lnore particularl) onc in the naturc ol'thc Writ o[' Mandarnus, declaring that thc action ol thc Respondcrrts in not considcring the Petitioners' Application fbr Corrstructiorr of stilt krr parking + 2 Uppcr Fk;or kr an extent of 38.46 sq. lnetcrs o1'thc Petitioncrs land siluated at Ptot No. l4-2- 19)lllA. Ciyan Bhag Colony Locality. Survel, No. Abadi. Nampally Villago, Narnpally Mandal, Ilyderabad, and also declare that the Reicction Lotter No.000149/GHMCrcOl3s/lR/C l4/2025 datcd 0 1.08.2025 ol- the Respondent No.3 as illegal. arbitrarv and violative of' Articlcs 14 and 300A ol thc Constitution ol'lndia, and also against the (ireatcr Ilyderabad Municipal Corporation Act and also apart from being violativc ol'principles of natural justicc and consequently set aside thc same as bad in lau,and lurthcr consequently issue a direction. directing thc Respondents to consider and pass frcsh permission on thc Pctitioncrs Representation forthrvith and to pass .. -" T@@. - .- _i.r- ..:j, 2

2. Heard Mr.s. V. poomasri, learned corrnsel frrr l, i: pctitioncrs. and Mr'. Midde Arun Kumar. learned shnding r..r rrsci lirr thr, (iHMC, appearing lirr respon<Ient Nos.2 to 4. .l Leanteci counsel fbr the petitioners ,s l,ruitLed that the pctitioners are the owners of the plot beari :rr: I L No. l 4_l_ l9-l/ I/A, adnreasuring 3g.46 square meters, Gyan Ir has (.olonv, Narnpally villagc, Hyderabad District, having accl , ed (hc sarre tiorn the tather of the petitioner No. I unclcr regis:.,r-.d .qili decd bcaring doctuncnt No.3g22 of 201 9 datcc llt. I 0.1019. The petitioncrs applied fbr building pennis,,i,rn through sell'-certillcatior.r u,der 'buird now' pratforrn tbr c .r r str-trctiun o r. Stilt tbrparking + trvo (2) upper floors in the sub.ie<:r .rropcft),and provisional pcntrission was granl.ed Filc No.000t.19/(}HMC/00t35/lNct4/2025 darec 08.()5.2025. Hos,ever, during post verification of the titte it rvas to rrrd that plot ol the petitioners is being affected in the approved rn: ster plan, as such. shortl'al1 notice dated 01.07.2025 was issued ro .l: -.petitioners stating that their.plot is affected in the proposed g0 tlr-,r road and il shorlf-all objections are not rcctified, thc provisi, rr rLl l>uildin-e Ul .s?g.ry ': ---EJ ,/ _) pcrmit order will be cancelled. Subsequently,, impugned rejcction order dated 01.08.2025 rvas issucd to the petitioners sraring that thcy have not rectified the shorrf-all obiections, thus, provisional buitding permit order dated 08.05.2025 is rejected

4. Learned standing counsel fbr the GHMC, appearing 1br respondent Nos.2 to 4, subrnitted that plot ol rhe pctirioners is being affected in the proposed 80 f'eet road as per rhe masrer plan As the shortlall objections are not rectified, tlte plovisional buitding permit order dated 08.05.2025 is rejected.

5. Leamed standing counsel further submitted that the plot area of the petitioners will shrink to less than 22 square yards (miniururn plot SIZC required for buitding permission under building regulations), if their plot IS acquired for 80 feet wide road earmarked in the master plan and tbr this reason also the pctitioners cannot be granted building pel'mission.

6. Leamed counsel for the petitioners submitled that building perrnission cannot be refused on the basis of proposed road I \l-- \' "'!s+Ftt. I 4 rvidcning ol irastel'plan, as held by this Court in \\ \o.35tJ of l()2-i, br'' thc orcler dated 08.01.2024 J ln T. Sudha Rani v. Thc State of Telanganrr N.p No.j5li ol1024 datcd 08.01.2024), this CoLur held that:

9. lhis Cour1, in WP.No.29024 of 202i. dt. l to()k uote ol'the dicta laid dor.vn by the crstr.rhile o1- A.P in G.Usha Rani vs State Of Andhra rr.horein it lt as bcer-r hcld as under: / 10.1021. uh ( ourt l'r'adtshl. .'lt is incurnbent on the part 01' thc resl)ond('nli to initiatc procecdings under Scction l8 olthc AI, i. lran Arcas (l)cvclopment) Act. 1975 in accordar)ce \\ tl,the provisrons of the Right to Fair Compensatioir irnd Translrarenc)' in Land Acquisition, Rehabilitati, r rurd I{csctllcment Aet, 2013 for acquisition ol'the lrr.,l of' thc pelitioncr lbr road widening and pay conrpc .,, r ion to tlrt' petitioner. If not. the petitioncr qo, r he tlcprir crl of her valuable propefiy ' il rout conrpensation. " l'h is Court in WI,.No.2902 4 of 2023 lurrl :.r obsorved I 0. thal cr,err i1'thc master plan is notified, the author. lijs cannot seek to tlcny grant of'pennission, unless the propt:r t,. is bcing shorvn as opon area in the master plan. ll. ln thc prcscnt case. since it is not shown to t i: Courl of the respondcnts-authoritics initiating any steps to ,r.11uirc thc land ol'tlre petitioner being shown as covered by lvlrrster I)lan 100 Iect road, tho respondenls-authorities cannot (1.)prive thc I ()rderdr l0.0l.l0li in U,ril perition No.i798-? of20l4 5 petitioner of enjoyment of her valuablc propc(y by lraking construction therein. by refusing to grant building permissiotr' ln vierv of the above, the writ petition is allowed' setting

8. aside the impugned rejection order in File No'000149/GI{MC /00135/IR/Cl4 12025 dated 0l'08'2025 and respondent authoritics are directed to re-consider the building application of the 835lIRlC14l2O25' without petitioners in File No.000149/GHMCrcO reference to the objection of "road affectcd area in the proposed 80 f-eet road in the master plan", and pass orders' in accoldance rvith law, by affording oppoftunity of hearing to the petitioners' 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 COPY// SD/. A. SREENIVASA REDDY ASSISTANT REGISTRAR 6 SECTION OFFICER ,

1. The Principal Secretary, Municipal Administration Et Urban Development ' o""prtt*"[t, s"ct"taiiSi euitdin'gt, Saifabad' State of Telangana at Hvderabad. rf, J'il""iiii..l"ner, Greater Hyderabad Municipal Corporation' Tank Bund Road, Hyderabad. The Deoutv Commissioner, Goshamahal, Circle 14' Greater Hyderabad tui ;; ;i;", I'6";pJ rjtio n, Khai ratha bad Zo ne, Hvd era bad' t'ti" nJ.irti.t'Citv Planner, doinl"r'"t, cirdle 14' Greater Hvderabad N,,i;i;;; c;a;iltion, Khairathabad Zone, t1v!9.r1u-qg i;; cb;6-C"Cron vcpr- i'o[,rr'r nr'r-o undnN D.EVELoPMENT' Hish a;;d f";tfu Stateof Telangana at Hvderabad .[oUTl On" CC to M/s. V.POORNASRI, Advocate IOPUUI . . il; dc ii snr rtriooe nndr'r* iiur'lnn, sc'FoR GHIMC' Advocate (oPUC) Two CD CoPies To 2 3 4 5 6 7 8 SA PVL HIGH COURT DATED:1710912025 a^ t - i,l_ oi \iLa 'r. (: "{. tlo t,l 1':: t!-'t' ' ' *,.\:.. ORDER WP.No.27854 of 2025 ALLOWING THE W.P WITHOUT COSTS. $ { ( "6