1. Thakur Akhilesh Sinqh v. I State of Telangana

Petition under Article 226 of ll'te constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in issuing the shortfall tntimation Letter Lr. No. 001292/GHMC/0572I18N112025-BP dt. 11.04.2025 and File consequential Rejection Letter -/ I' No.004834/GHMCIO2427tsvuBPiLBN1i2025 dt..15.09.2025 as being arbitrary' illegal,violativelfprinciplesofnaturaljUsticecontrarytotheprovisionsofthe Telangana Buikling Rules, 2012 and also Greater Hyderabad Municipal corporation Act, 1955, Articles 14. 21 and 300-A of the constitution of lndia and consequentlySe:asidethesaidShortfallletterandrejectonletterandfurther direct the Respondents to accord building permission in Petrtioners'Application in File No. 0048:i4lGH MC t 02427 t SW BP|LBN 1 /2025 dt 29 l 07 l 2025 by also taking intoconsideratiorthelandcoveredby(i)GiftDeeddt.06.O!l'2024'Doc.No.12441 of2024and(ii){]iftDeeddt'10'og'2024.DocNo.12555oI2025aftercollecting necessary charg ls from the Petitioners lA NO: 1 OF 202!i Petition urrder Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High coLrrt may be pleased to suspend the Rejection Letter in File No 004834/G HMC]O242TlSWIlP/LBN1/2025 dt. 15.09.2025 issued by the Respondents and consequently d rect the Respondents herein to re-llonsider Petitioners' Apptication in F le No. 004834/GHtMClO2427lSwBPlLBN1',2025 dl. 29.07 -2025 milebythePeitionerSforgrantofbuildingpermissionbyalsotakinginto considerationthe,landcoveredby(i)GiftDeeddt.06,09.2O24,Doc.No.12441ot 2024 and (ii) Gift Deed dt 1O-Og 2024, Doc No 12555 of 2025 and to pass appropriate orde's for grant of building permission Counsel for the 'etitioner: SRI D.JAGAN MOHAN REDDY Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Lespondent No.2 to 4: SRI SRINIVASA RAO PACHWA, SC FOR GHMC The Court made the following: ORDER THE HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.28965 OF 2025 ORDER:(ORAL) This writ petitioner is fited by the petitioners seeking to declare action of respondents in issuing the impugned shortfall intimation letter vide Lr.No.OO1292|G|IMC|0572ILBN1/2025-BP dated

11.04.2025 and consequential rejection letter in File No.004834/GHMC102427ISWBP/LBNl/2025 dated 15.09.2025, as being illegal, arbitrary, contrary to the Telangana Building Rules, 2012 and the provisions of the Greater Hyderabad Municipal Corporation Act 1955.

2. Heard Mr. D. Jagan lv{ohan Reddy, learned counsel for the petitioners, and Mr. Srinivasa Rao Pachwa, leamed standing counsel for the GHMC, appearing for respondent Nos.2 to 4

3. The case of the petitioners is that they are owners of the open plots totally admeasuring 3160 square yards having purchased the same under registered sale deeds. Out of the said extent, the petitioners submitted application seeking building permission for the land admeasuring 2800 square yards for construction of residential \ building ,ronsisting of Stilt + Cellar + five (5) upper floors in File 2 \t P. No.28965 of2025 Dated 25.09.2025 No.001292/GHMC/0572/SWBP/LBNl/2025 dated 11.06.2025 Respondent No.2 having processed the building permission issued shortfall intimation letter vide Lr.No.001292/GHMC/0572/LBNI 12025-BP dated 11.04.2025. Thereafter, the petitioners submitted revised building permission by rectifuing objections raised in the shortfall letter and again made fresh application to the GHMC in File No.002462IGHMC/O1333/SWBP/LBNl/2025 dated 11.06.2025. Respondent No.2 issued rejection lefter in No.002462/GHMC/01333 /SWBP/LBNI /2025 dated 31.07.2025 rejecting the second application of the petitioners on the ground that (i) in the proposed building plan the balcorries are projected into the mandatory setback area and (ii) the ducts do not have uniform width of two (2) meters as there is variation in dimensions of the building plan.

4. It ir; stated that the petitioners have again rectified their building application and submitted fresh application in File No.004834 I GIT}IC / C 2427lS WBP/LBN 1 I 202 5 by recti fu i ng th e obj ections raised in the reiection letter dated 31.07.2025. Respondent No.2 issued another shoftfall intimation lefter in File No.001834lGtIN1Cl02427 W.P. No.2E965 ol'2025 Dated 25.09.2025 /SWBP/LBNI12025 dated 20.08.2025 stating that the portion of land (total admeasuring 203 square yards) covered by gift deeds bearing document Nos. 12441 ol 2024 dated 06.09.2024 and 12555 of 2024 dated 10.09.2024 cannot form part ofresidential building since the said gift deeds were executed aftcr the 'cut off date' and they were not regularized as per the l-ayout Regularization Scheme (LRS). The petitioners were directed to apply fbr buitding permission by excluding the land covered by the gift deeds, and they were also directed to comply with the shortflatts within fifteen ( l5) days. Subsequently the building application was rejected urrlc impugned rejection letter in File No.004834/GHMClO2427 /SWBP/LBNI/2025 dated 15-09.2025 stating the same reasons mentioned in the shortfall letter.

5. Leamed counsel lor the petitioners submitted that the issue involved in this writ petition is squarely covered by the orders passed by this Court in W.P. No. 19156 ol 2021 dated 17.08.2021 and W.P No.5 150 of 2022 dated 02.02.2022.

6. Leamed standing counsel for the GHMC, appearing for respondent Nos.2 to 4, lurnished written instructions and submitted that petitioners applied for building permission by including the land I 4 '\ acquired through gift deeds bearing documenl \\ P. No.l896i of2025 I)ated 25.09 202-i \os 1244 I of 2024 dated 06.09.2024 and 12555 of 2024 dated. 10 0().t024, which were executed affer the 'cut off date, i.e.,26.0g.2020 as pc,r thc Merno of the Govemrent bearing Memo No. l4l 4grpLG.IIU2Ir0 datcd 30 r2.2o2o rvhich pr,:scribes the cut off date as 26.0g.2020.

7. Th: petitioners applied for building penris. on lirr total area of 2341.17 iiquare meters covered by nine (9) rcgistcred sale deeds and two (2) rr:gistered gift deeds. Respondent No.2 ha: objection only fbr the gift d:eds bearing document Nos.r244r of l0r{ <iatcd 06.09.2024 and 1255j of 2024 dated 10.09.2024. Theobjecriorrs arc raised stating that these tuo (2) gift deeds are not covered bv anr layorrt and are not regularized under the LRS and thus the land covcr.cd under these gift deeds car,not be considered for building permissi()n. According to learned standing counsel for GHMC, appearing fbr. respondent No.2, building rrpplication of the petitioners will be c.rrsidercd if revised building application is submitted by excluding rhc rrrea c.vered under these two (2) gift deeds (which are after.cur off dare. under the LRS) a,d only 'or the land covered under registered sale deeds vrhich are executed p rior to 'cut off date, under LRS. ) W.P. No.28965 of2025 I)ated 25.09.2025

8. In W.P. No.5l50 of 2022 dated 02.02.2022' this Court has made following observations: "11. From the abovc, it can bc sccn that thc relaxations under LRS 2020 are applicable only to thc plots/sitcs falling in unapproved/iltegal layouts having documents register(jd on or before 26.08.2020. In the case bcfbre rhis Court. thc plot was registered on 04.09.2021 by *'ay ol salc deed No-4tt03/202 I i.c. after 26.08.2020. In the decisions rclied upon bl the leamed counscl for the pctitioncr. th is Hon'ble Court has considered the Memo datcd 28.04.2017 applicabte to LRS 2015, whereas the Memo dated 10.12.2020 is applicable to this case and the pctitioner is no1 eligible lor relaxation undcr the said Memo. Howevcr. it is noticed that the Government has not provided lbr any fonrula [or regularisation of plots/sites falling in unapproved/illegal layouts having documents registered on or after 26.08.2020. 12. As the petitioner is not provided with any alternalivc remedy, and for the sake ol uniformity and consistency, it is deemed fit and propcr to direct the respondents to consider granting building permission to the petitioner herein by collecting the penal chargcs as provided in I-RS-2020 and 33%o compounding fee on thc same. plus opcn spacc contribution charges ( l4%) on the market value of the site/plot applied for building pcnnission as on thc datc of applications." ( t q. [n view of above, the writ petition is allowed setting the 6 \\ l' No.l89(r-i of l0l5 Dlr.d 25.09 tol5 impugnerl shorrfbll intimarion letter vide.Lr.No 0() I 292i(jl IMC lo5j 2 /l-BN l/2()25-BP dated 11.04.2025 and consequentiel rejection letter in I- ile No.r)0483 4IGLIMC I02427/SWBP/LBN t /2025 dated I 5 09.2025. Respondt:nt No.2 is directed to re-consider the builcling application ol tlre petitioners in File No.004834/GHMCIO2427,SWBp/l_BNl/2025 by takinp into account the gift deeds bearing docunrcnt Nos. 1244t ol

202.1 dated 06.09.2024 and 12555 of 2024 dared 10.09.1024 by collectin6, necessary charges as per Memo No. I 4 I 4gipl.(; llli2)20 dated 30 12.2020 and observations made by this Court in ihe order dated 02.12.2022 in W.P. No.5150 of 2022 and sulr.jcct to cornpliance ofother rrandatory requirements. There shall be no order as to costs. To, \ As a sequel thereto, miscellaneous applications, il any. pending in the writ petition stand closed. //TRUE COPY// SD/.P. PONNA KRISHNA SSISTANT REGISTRAR \ sEcTloN oFFICER \ The Prinr:ipat Secretary, MA and UD (tMunici.pjrl\Ad ministration and Urban Developnrdnt), Secretaiiat, Hyderabad, State of Telanclana The Commissioner, Greater Hyderabad Municipal Corporation, C-C Complex' Tank Burd Road, Lower Tank Band, Hyderabad The Commissioner, Greater Hyderabad Municipal Corcoration, C C Complex, Tank Bur,d Road, Lower Tank Band, Hyderabad The Additional chief citv Planner, Greater Hyderabacl tt4unicipal corporation, C.C. Conrpl,:x. Tank Bund Road, Lower Tank Band, Hyderabad one CC .o SRt D.JAGAN tvloHAN REDDY, Advocate toPUCl ONE CC :O SRI SRINIVASA RAO PACHWA, SC FOR GHNNC IOPUCI 1 2 3 4 Cr -/ t 7 Two CCs to GP FOR MCPL ADTMN URBAN DEV, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies B, BSR GJP ) .1 HIGH COL'RT DATED:25,10912025 CC TODAY ORDER WP.No.28965 of 2025 .\:. [, ''-:;:' .,\. i i rtiT 206 '_.'l :.. ) I i ,., ''.), 'i"4, -v ALLOWING THE WRIT PETITION, WITHOUT COSTS 1lp Y