Writ Petition No. 37540 of 2025 · The High Court · 2025

Order

72.12.2025 Between: Koduri Sravanthi AND ...Petitioner The State o['l'elangana Represented by its Principal Secretary Municipal Administration & Urban Dcvclopmcnt. Secretariat, I Iyderabad and another ORDER: (ORAL) ...Respondents

Heard Mr. C. ari Preeth, learned counscl lor the petitioner; Mr. Putta Krishna Reddy, leamod Standing Counsel lor respondent No.2; and perused I I the material on record.

2. Leamed counsel lor the petitioner submittcd that the issue involvcd in this writ petition is squarely covered bl the ordcr dated 02.04.2022 passed by this Court in W.P. No.5l50 of 2022 and requcstcd same order may be passed in this rvrit pctition. The said submission is not opposcd by the leamed Standing Counsel for respondent No.2.

3. Therefbre, recording aloresaid submission of the learned counsel for the petitioner, lollowing the order dated 02.04.2022 passed by this Court in I W.P. No.5150 o12022, in terms thereof. this rvrit petition is allorved. Thc said 2 order shall be made part of the record and a copy ol the sar r : shall be annexed to this order. Thorc shall be no order as to costs As a sequcl thereto, miscellaneous applications, if I r v. pending in this writ pctition. stand closed //TRUE COPY// SD/. C. DEEPIKA ASSI ;TANT REGISTRAR ,*>. SECTION OFFICER 1 2 3 4 5 o The Principal secretarv Municipar Administration an-j Urban Deveropment Department Secreta riat,' Hyderabad, State oi ielangan , The commissioner, surtanabad Municiparity, surtanab: < peddapaly District. One CC to SRt C.HAR| PREETH, Advocate tOpUCj One CC to SRt PUTTA KRTSHNA REDDY, SC FOR tvlo ,L Two CCs to GP FOR MCPL ADMN URBAN DEV, Hiqr lourt for the State of Telangana at Hyderabad [OUT] Two CD Copies [OPUC] To \ (Along with the copy of order dated 02.04.20 22, in w. ,. No.5150 ot 2022) BSR GJP Ai. H \ 4-'e -II HIGH COURT DATED: 1211212025 ORDER WP.No.37540 of 2025 ./, l4 ! 20fi ALLOWING THE WRIT PETITION, WITHOUT COSTS @ 'i THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI W.P. No.515O of 2022 ORDER This writ petition has bcen filed by the petitioncr seeking a writ of mandamus declaring the action of the responclents in not considering the petitioner's application for grant of building permission for construction of residential building in open plot in an extent of 19 I .33 sq-yds., in S,y.Nos.247/1, Housing Board, .Iagityal Municipality, Karrminagar district orr ttre grouncl that the same is not coming under cut o[ datc o[ lavout regularization scheme, 2O2O as per G.O.Ms.No. 131, clated

31.08-2020 as illegal and arbitrary.

2. Brief facts leading to the filing of thrs case are that the petitioner had purchased the sub.lect plot vidc rcgistered szrle deed No.4803/2021 dated 04-O9.2021 ancl thereafter, u,hen the petitioner applied for building permission througtr TS b pass instant approval rvas given on 14.09.2O2 1. Thereafter, vide order dated 05.ll.2O2l the builcling pcrmissron dated ).4 .O9.2021 was revoked with the following remarks: \ t\ .iilr 2 -\ "'l'he titte & tcchtlical scruting oflicers t r<: 1ot recomrnendecl d,ue to 'The proposed plt" is fo rming paft of unauthoized lag out a nd t ctl applied uncLe,r LRS. The plot is regis& r 'rl f ter .ut off rlale i.e., 26.08.2020 and hu: to rL,rlistcred link clocument pior to the ut. 'l'l' rlaLe". This application ts reuokecl." Cltallengirrg tlle same, this writ petition is filed 3 Cou n sel for both thc parties are heard

4. Durllrg the course of hearing, ttre learned co t rscl lbr thc petitioner srrbmittcd that this mattcr is squarely t t r :rccl b1' thc order pass('d by this Corrrt in W P No 19l56 t I 2O2 I orr \7 .Og.2O2l and this writ pctition may also be cii ; rosc,l ol it.t terms of tlrc said ordcr' For rcady refercnce, the relevant portion o lht' ordcr 5 pirssed in W.P. No.19156 of 2021 on 17 Oa 2021 1: r'llroduccd hcreuuder ''3. Admittedly, thc petitioner hcrein acqtri r C 1hc said plot in an unapproved layout 'l(' qri(-vancc o[ thc pctitioner in thc presen] \'r t I)ctrtion rs that the resPondcr.tt authorities r .' not acceptrng thc application o[ the petitioner 1, r 1 rllD.l \l l) Nt, i I j(r Lrt lrrl l 3 grant of building permission on the ground tlrat the subject plot falls under unapprovcd layout and rs not recognized within the scheme introduced by the l st respor)dcnt vicle G.O.Ms.No. 131, dated 31.08.2020.

4. During the course of arguments, it is brought to the notice of the Corlrt that the Commissioner, Greater 2 Hyderabad lr,lunicipal Corporation, in respect oI unapproved layouts, issued Memo No.l4l48lPLG.ttl/2O2O, datecl 30 12.2O2O, ancl a copy of the same is pla<.ed on record by the learned counsel for thc pctirioncr as material paper ancl thc said rneuro rcads as under: "Buildlng permission in st rch plots/srles rnay be considercd by thc Competenl Authority by collecting basic penallzitl ron charges as per LRS-2015 and 337o compounding [ee on rhc same, plus open contribuLion charges (1491,) oD lhc presenl markel trlue ,,f th,. srtc/plot apphcd for Burlding Permissron."

5. It is very much evident from the abovc memo that the app[cations lor building permissions can be considercd by thc competent authorities by collecting 337o compounding lee on the same plus open space colttribution charges at 149'0 on the market value of the plot '\ll). I l, \Lr i t:rr.rl tirl l I applic(l for building pcrmissior.:. The Governn t rt issucd the said memo in respect of I re plots/sites, for which no application under L r Ld regul.r lsatron Schcrne u'as submitted. lt rs t jo very rnuch evident from thc reading of the rtt < rc rncrno thal the building apphcation ()l 1re pcutlonor herein deserves [o be considert'< Ltr 1cr rns of the said memo dated 30.12.2 )'.O sul).jccl to compliance of statutory requiremcl t

6. Accordingly, the Writ Petition is dispr s'r1 o[. (lrrc(iting thc rcspondent Municipatitl to irc(cl)t thc applicatron of the llctitioner hctcLtr rr burlclLng permissron in terms o[ the I'1, I ro No.r4l48/t'LC.lll/2o2o, datcd 30.I:1.2 ) lo rssuctl tr1' thc Comlnissioner, Grcatcr Hydtrra I Ld NlrrnicLpal Corporatron and 3 pass approl)I I le orcl<:r s. as per Iarv As a sequel. I lc rnrsccllaneous petrtions, if any, shall s1 L rcl cl()sc(1. 'l'hcre shall be no order as to costs.'

6. Thus, thc petitioner is seeking relaxation o[ t]I conditions olG.O.Ms.No.l.l 1, dated 31.O8.2O2O ancl G.O Ms.Nr 135, datecl

16.O9.2020. irl [crms of thc Mcmo No.14148/l L3llll2O2O' (lertc.l 30. 12.2O2O .

7. Havrng rcgard to thc facts o[ the case ancl naterial on record, th is Court finds that after formation ()1 l te Stat(] of 6 - P\ID ] \\ l, \o rli )!!trrrrr 5 'lelangana 2014, the Government of Telangana issued G. O. Ms-No. 15 1 dated 02. i 1 .20 15 with the following ob.lective ! "Governmcnt of Tclangana with a vicw to promoting planned development of urban arcas in the State are encouraging developmcnt through approved layouts and development of integrated townships through both public and private inltiative. However, Government has observed that there are many unapprovcd and illegal layouts q,hjch are not only in vioiatioll of the Statutory Development plan/Mastcr plarl and Layout Rules but also deticient rn layout norms and development standards and lackrng in basic civic infrastructure facilities like propc:r roads, street Iights and drainage. On account o[ the above, frequent complaints are being received from the public, Such substandard anrl unapproved sub-divisions of land into building plots is not only defeating thc very objective of planned development but also affecting the planned extension ol services and amenities by the local bodies. Government have in the past brought out a scheme of regularization of such unapproved layouts but they met $,1th litnited succcss since it was a voluntary scheme with onus on plot owners to come for ward for regularisattlon nnd there were no detcrrent provisions against the owners who did not come forrvard lor regularization. Therefore in orcler to bring all rhese unplanned areas into the folcl of x 6 l)lanncd development and to provide l) r tc lacilrlit,s in rhese .lrcas so as to promof c rn overall and integrated area and city lr el devclol)rncrlt and a bcttcr quality of life for t rc cltizer)s, Govcrnrnent hereby issue the Rules rr Ilcgrrlar-ization of Unapproved and IIL 1 t1 [,.ryoll1s " 'lhe said G,O. rvas made effective from 2g.10.2O15 ar C Rule 2 thercof rca(l as under. "2. Applicability: (a) (b) Thcsc Ilulcs shall bc applicable to Hydcrab l I N{elrol)olitan Devclopmcnt Authority, Kakatr} I (,rrlran Dcvelopment Authority and Basi r r Urll:rn DcYelopment Authorify, Municil i L Cor l)ot al ioDS. I\.lunicipalitics and Gri r [)al).lriryats lalJing irr thc Master plan hmrts r tllc Sta (e of 1'clangana. Thcsc Ilules and conditions herein shall tr applrcablc to all existing unapprov( ( srrb dr\,rsrorr oI plols. (.xisling unal)pro.., ( I. 'olrls or venturcs promoted by lzu c owu('r s/private developers/ firms/comltan ir:s 7 propcrt\ derllopers/Socrelies where the pl^ . Iravc ltccn sold by rcglstercd salc dce(l on-1 I bclor c 23.1O.2015. P\lD. J \l l'ilio i li0 or lrll 7 {c) These Rules are only intended for regulating the unplanned development and shall be applicable to all unapproved layout areas u,hich have clearance from the conrpetcnt authorities undcr the Urbar land Ceilir.rg and Regulatron Act 1976, AP Land Reforms (Ceiling on Agricurltural Holdings) Act, lg73 wherever required and which have not been entered in the Prohibitory Register o[ lands maintained by thc Revenue Departmcnt. The Rcgularisation mcasurc would not absolve the plots or layout from the application of Land cciling Larvs, litnd disputes or claims over title, boundary deisputes, etc. In respect of assigned lands, prror clearance from the Distnct Collector shall be obtained. ((l ) ln thc event ol only some plot holdcrs coming lonvard for regularization in an unapproved layout, the layoLlt pattern as approved by the competent authority shall be appticable to the cntire layout area. Thc local authority shall be responsible [or enlorcing such approved layout pattern. " Rulc 4 thereof specihed the cut off date for considering regularlsation of unapproved layouts as under: l'\lt), J irlrrilrrl r\ l\ii \ 8 4 Cut-off regularization of unapproved I I 'outs: ccr sidering ()nly thosc unapproved Iayorrl s dirrsron of plots with rcgisterecl / trtlc deed existing as on 28. shall be considered for regu under lhese rulcs. As pro'rIan, tlre plot holder/Land owner/ Asi Society/Colony developer is rrc furnish copies of the sale deed/ t Agreement o[ sale or General Attorr)cy shall nol bc consrc cvirlcncc' nd sub- ale cleed o.2015, rrization vidence, ciatr orr / rire(l to :le deed. 'ower o[ :r-ecl iis

8. Therealtcr, vide Government Letter 'l t.22c2lMl l2017 datcd 06.04.2017. ccrtain orders wcre iss,r :d in respcct of Municipal Commissioner, HMDA/Conrmissi GHMC to consider pcrmrssron in the plots/sitcs wl]ic - not applied under the LRS, 20 15. 'l'he rcafti r vrde Memo No.2252/M1 /2Ot7, d^teL\ 28.04.2017, thes: directions were made applicablc to entire Statc i.c., a l the Municipal Corporations / M u nicipalities / Nagal- Pancha_r: ts and Urban Development ALllhority areas. For the sake ,) ready refercncc, rhe Memo No.2252lMl/2O17, dated 2a.O4.2 ) 7 is reproduced hereunder: _l z/n - w P N(, i l50 ol l0ll 9 "Building permission in such plots/ site s may bc considered by the Competent ALrlhority by collecting basic penalisation charges as per LRS 2015 and 339/0 compounding fee on the same, plus open space corltribution charges (14rlo) oll the present market value oI the site/plot applied Ior Building Permission " g. Subsequently, LRS 2020 was introduccd vide G O Ms' No-131 dated 31-O8.2O2O. Vrde G O Ms No 13l' dated 31.08.2020, the Government has issued the scheme known as LRS 2020 lor reularisation of unapproved / unauthorised / illegal layouts by pavment of the charges mcntloned therein The cut oll date lor applicability of the said G'O was mentioned as 31.08.2020. Subsequently vrde G O Ms No I35, dated ),6.Og.2O2O, the l't re spondent / Govern nlcnt of Telangana has amended the LRS 2020 Rules by reducing the regularisation charges. It was arlso held that the LRS regularisation charges includcs NALA charges also ancl no separate NALA charges shall be pard. Thercafter, on rcceipt of representations from vari.ous quarters, the Government has issued a Memo No, I4I48lPLG.llll2O2O, dated 30 L2 2O2O giving such relaxations only lo such plot owners whose documents have been registcred on or belore 26.Oa.2O2O ' t,\lll. I I \.,. \, o1 'l)" t0

10. For the sake of clarity and completeness t he Memo No. 14 148l PLG tlt / 2O2o' datcd 30.1,2.2020 is cproduced hereunder itr toto M UNTCIPAL ,\t ) NI IN ISTRATION AN I) tiRll,\N I) liVlil.oPM liii .COV!]ITNI,'II.]N T OF' TI'I-AN(;AN,\ Ill'AI.l1 lvl !lNl Mc!)o Nq I4Iq9 PI-G.lll/2O2O DaI(-,: lO. l2 202C Sub GHMC LIIS 2O),O Telrr Rcgula r razat lon o[ (lrrrpl)ro\',, ilLegal Layout Rules 2020 Pr(c o[ Burldrng Pcrmissrons ( Clarifiactiorrs Irsucd lleg I atna a nd slnS Rc[: I 2 3 4 I\,1,\. ) C.O lrls No l3l 3 t.0{J 2020 C O.l!ls.No. 135 l\4A, t6.0(.).2020 Covl l-ctlcr No.2252ll\l l, l l)ated 0(r.04.20 l(r I"rorn CtlNIC l-r.No Il/ l5j5 CCP/Ho/(itlMC/20 I ()'20. I ) 2a t2 2020 ) l,:cl l, d: )17, PS/ tl'd: ln thc rcfcrence ls, & 2n,r citcd, (;ovcrnnr.ll irvc issucd Teiangana Rcgularizatron of Ur-rapprovcd arr<l I .{al Layoul Rulcs 2O20 by giving o[)l)o rlunil\ l() thc t)]r r site ownr-'rs on n'hose natnc lllc PIot ls rcarslcrcd \\rt r a registered salc dccd cxccutcd on or beforr' 2() 08'.1()-)1. (or) layorlt owncrs who have clevelopctl the lavoLll an<l s r. I at least I011, of the plots on or l>clore 26.O82A)J ktr regulanzllg lherr plots/la-youl undcr LllS Schenr. I .IO. TIte last dalc lor fiiing ofapltlicalrons was ()r) 3l 1O 20l ln thc releretice 4,h citcd. it ilas contc to thc n(, I c of the G(rvernmcnt that, sonlc of thc l)lot/sitc own(,rs ave sublniltcd :rPphcatrons to Grcalor Hyclcrabad Mur ,r lral .,/ PiliD, J \\'.LNo i li0 ol20l2 l1 Corporation seeking building permission b_y enclosing the online reccipts Iiled under LRS 2020 application and some of thc plot/site owners have submitted applications seeking building permission without applying under LRS 2020. After careful exarnlnation of rhe matter following procedure is prescribed for granting building permissrons in the following categories: The plots/sites lalling in unapproved/illetgal layouts having documents registered on or before 26.OA.2O2O for which application hled under Ncw LRS 2O2O Schemc and apphed for grant of building pcrmrssions, the building permissions in such cascs can be processed duly collecting the fee/charges as per the LRS 2020 on submission oI LRS 2020 acknowle<lgemenL receipt by the appiicant in the respective building applica tion

2.'l'he plots/srtcs lallng in Lul,rpp.oved / illegal layouts having documenLs registered on or before 26.Oa.2O2O for rvhich applications not filcd under New LRS 2020 sr:heme, thc building permrssions can be processed duly collecting basic penalization charges as per LRS-2020 and 33y. compounding fcc on lhe same, plus open space contributron charges {l+',i,) on the prescnt market value of the site/plot applied for Btrilding Permission " The Commissioncr, (ircater Hyderabad Municipal Corporation/Metropolitan Commissioner, llyderabad Metrqpolitan Devclopment Authority/Director of Municipal Administration/ Director ol Town and Country Pl.rnr;ng/ Vice Charrmcn of UDAs. shall takc further action accordingly. ARVIND KUMAR PRINCIPAT, SI]CRETARY TO GOVERNMENT" P\ID- .I I'\o:lil ol:01: 12

11. From the above, it can be seen that the rela-K.r. ions undcr LRS 2020 are applicablc only to the plots/sites falling .in unapproved / illegal layouts having documents regij :red on or before 26.O8.2020. In the case before this Court. l e plot was registered on 04.O9.2021 by way of salc deed No-481 ) 12021 i.e. afler 26.08.2020. In the decisions relied upon by he learned counsel for the petitioner, this Hon'ble Court has cor- ;idered the Memo ated 28.04.2017 applicable to LRS 2015, ;t tcrcas the Memo dated 3O.12.2O2O is applicable to this cr r : :rncl thc petitioner is not ehgible for relaxation under thc: 'rid Memo. However, it is noticed that the Government has not I rovided for any formula for regularisation of plots/sites lalling in unapproved/ illegal layouts having documents rcgis :red on or after 26.O8.2O2O.

12. As the petitioncr is not provided with arl alternativc remedy, and for the sake of uniformity and consrs encv, it is deemed fit and proper to dircct the respondents r consider granting building permission to the petitioner herein by collecting the penal charges as provided in LRS-202 ) and 33% compoundrng fee on thc same, plus opcn space : rntribution PiilD, J \\'P.No i lt0 ol l0ll l3 charges (14%o) on the market value of the site/plot applied for building permission as on the date of applications. Accordingly, this writ petition is allolved. No order as to Miscellaneous applications, if any pending, shall stand COSTS closed Date: O2.O2.2O22 LSK JUSTICE P. MADHAVI DEVI