ORAL) Heard Ms v. Poorna Sri

arandker, S/ o Late Ramesh Parandker, Aged- 4T years , Occ- private Job, o. 14-2-330, Opp High Court, Ghansi Bazai, Hyderlbad. ...PETITIONER AND 1 2 3 4 The State of Telangana, Rep.by its Prl., Secretary, Municipal Administration anci Urban Development Department, Secretariaf Buildings, Saifabad, Hyderabad. rea.tqr Hyderabad lvlunicipal Corporation, Rep.by its Commissioner, Tank :G Bund Road, Hyderabad. The Deputy C^ommissioner, Charminar Circte g, Greater Hyderabad Municipal Corporation, Charminar Zone, Hyderabad. The Assistant City Planner, Charminar Circle g, Greater Hyderabad Municipal Corporation, Charminar Zone, Hyderabad. ...RESPONOENTS 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 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 Representation, dated 1110812025 for grant of exemption from conditions for leaving 15 feet (4.5 meters) form the center of the existing road for road widening under the Building Permit Order and Work Commencement Letter vide File No.000699/GHMCi00647ilABPiC9/2025, Permit No.0704/GHM CllAlcgl2j2s, dated 2710512025 for construction of the house/ building at H.No.21-2-202, Rikab Gunj, Murad Mahal, Ghansi Bazar, Charminar Mandal, Hyderabad District, being illegal, arbitrary and violative of Articles 14 and 300-4 of the Constitution of lndia, and also against the Greater Hyderabad Municipal Corporation Act, apart from being violative of principles of natural justice and consequently direct the Respondents Authorities to allow the Petitioner to construct the house/ building at the subject premises without adhering the conditions under the construction permission and pass fresh permission on the Petitioners Representation forthwith lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed irr support of the petition, the High Court nray be pleased to issue a direction to the Respondent Authorities to allow the Petitioner to commence/proceed with the construction work of house/building at H.No.21-2- 202, Rikab Gunj, Murad lvlahal, Ghansi Eazar, Charminar lt4andal, Hyderabad District, pending disposal of the Writ Petition Counsel for the Petitioner(s):SRl. V POORNASRI Counsel for the Respondent No.1.: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondents No's. 2TO 4: SRl. RAPARTI VENKATESH SC FOR GHMC The Court made the following: ORDER HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION N 0.28659 0F 2025 ORDER:(ORAL) Heard Ms. V. Poorna Sri, learned counsel for the petitioner, and Mr. Raparti Venkatesh, learned Standing Counsel for GHMC appearing on behalf of respondent Nos.2 to 4, and perused the material available on record.

2. Petitioner claims to be owner of the plot admeasuring 166.44 square yards situated at Rikab Gunj, Murad Mahal, Charminar, Hyderabad, by virtue of the registered sale deed bearing document No.1345 of 2023 dated 28.09.2023. He submitted an application with GHMC seeking building permission for construction of stilt for parking + 2 upper floors in the land to an extent of 65.62 square meters at Plot No: H.No.21-2-202 situated at Rikab Gunj, Murad Mahal, Charminar, through self-certification under TG-bPASS Act. Building permit order and work commencement letter vide File No.000699/GHMC|OO647l IABP I Cg I 2025 ( Perm it N o. 0704/G H M C I I N Cg I 2025) dated 27 .05.2025 was issued to the petitioner stating as follows: "instant Approval based on the self certification submitted by you and the authority has conducted the post verification as per GHMC TG-bPASS Act. lt is observed that the provisional building permission obtained by you is found correct and you can proceed with the construction subiect to the fotlowing conditions ' l 1 lf the abutting road width is less than 30 feet (9 C0 Mts), '15 feet (4.5 Mts) from the center of the existing road has to be left for road widening in addition to front setback as per rule 4(a) of G.O.Ms.No.168 MA dt:07-04-2012 or required area affected under Master Plan road. 2 The built up area shall be limited to the remaining plot area after leaving the road affected area and all sides setbacks.'

3. Learned counsel for the petitioner submitted that due to imposition of setback margins based on road widening norms, the usable area of the petitioner has been reduced to 48.57 square meters, resulting in a loss of over 65% of his plot; the reduction renders the site of the petitioner functionally unviable for any development, and the abutting lane measures 7 feet 6 inches in width and is not part of any notified Master Plan alignment. The petitioner submitted the representation dated'l 1.08.2025 requesting respondent Nos.3 and 4 to relax the road widening margins for the reason that as per the conditions imposed in the building plan. the application of arterial-level setback norms to the internal lanes abutting the petitioner's ptot is disproportionate, impractical and would cause substantial hardship. to 4 subrnitted 4 Learned Standing Counsel appearing for respondent Nos.2 that appropriate action will be taken on the petitioner,s I I ,) representation dated I 1.08.2025.

5. In view of the above, the writ petition is disposed of directing respondent No.3 - Deputy Commissioner, Charminar Circle 9, Greater Hyderabad Municipal Corporation, Charminar Zone, Hyderabad, to dispose of the petitioner's representation dated 11.O8.2025, seeking relaxation of road widening margins in the internal lanes abutting the petitioner's plot, within a period of four (04) weeks from the date of receipt of a copy of this order, by giving an opportunity of hearing to the petitioner and all concerned/interested persons. Pending consideration of such representation, sratus quo, obtaining as on today, shall be maintained in respect of the subject property No order as to costs. As a sequel thereto, miscellaneous applications, if any' pending in this writ petition stand closed. //TRUE COPY// SD/- N{. ASSIS r)SNIAN ALI BAIG inr.rr nectsrnan G SECTION OFFICER To, ' ioal Administratiot a r'rildinqs, State ot lel Bund-Road, Greater Secretary' Munic 1. The Prl DePartm ent, Secreta riat B 2. The Com missioner, Tank 3. The DeputY Co mmissioner, Cha rminar Circle 9, Greater HYderabad MuniciPal CorPoratioN,Hyderabad derabad inar Circle o Greater HYderabad MuniciPal nd Urba n DeveloP ment angana, Saifabad , Hyd erabad. Hvd erab ad Munici pal one, HY Ch CitY sistant Charm arm\nar Z Corporation' Planner' 4. The As CorP oration, Charm inarZone, HYd erabad 5. One CC to SR r. v PooRN ASRI Ad vocate IOPUC] 6. One CC to SRI. R.VEN KAT ESH SC FOR G 7. Two CCsto GPFORM Telangana. IOUrl t, \tt'to v DCoQ\ES CPL ADMN URBAN DEV ,High Couh for the State of HMC Advocate [O PUCI ASV I - I HIGH COURI r DATED:1910912025 ORDER WP.No.28659 of 2025 v I I I o E , (:( s +$' lH+ WRTT PETITION IS DISPOSED OF WITHOUT COST \) o