G.V.D.K Sastry v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 46623 OF 2022 Between:
1. G.V.D.K Sastry, S/0 G.V.VSatyanarayana Aged about 51 years, Occ Business R/O 34-130, Flat No 27 , Krupa Krishna Apartment Pragathi Nilayam, Bharani Colony Tirumalagiri sainikpuri Hyderabad
2. Smt K.S.Suhasini. Wo G V.D.K Sastry Aged about 44 years, Occ Household R/O 34-130, Flat No 27 , Krupa Krishna Apartment Pragathi Nilayam, Bharani Colony Tirumalagiri sainikpuri Hyderabad ...PETITIONERS AND The State of Telangana, Represented by Principal Secretary Municipal Administration and Urban Development Department Secretariat, Hyderabad, Telangana State 500022.
The Greater Hyderabad [,ilunicipal Corporation, Rep by its Commissioner, GHMC, Tank Bund Road Hyderabad The Kapra Municipality, Rep by its Commissioner Kapra, Medchal-Malkajgiri District I The Deputy Commissioner, Circle-1 Kapra Municipality, Kapra, MedchalMalkajgiri District
5. The Assistant Crty Planner, Circle-1 Kapra lt/unicipality Kapra, MedchalMalkajgiri District ...RESPONDENTS 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 in the nature of Mandamus, declaring the Revocation Letter No 2017141GHMC11650412022 DI 27-10-2022 issued by the Respondent No 4 thereby revoking the Building Permission Vide File No 2017 1 ICHMC| I 650412022 Permit No 2017 1 4l9409lGHMCl2022 issued by the Respondent No 1 in favour of the petitioners for construction of Residential Building on Plot No 129C,D and 130C, D admeasuring 156.05 Sq Yds forming part of Sy Nos 591, 595 and 596 Eshwarpuri Colony Kapra Under GHMC as
illegal, arbitrary. contrary to law and violation of Article 300A of Constitution of lndia and principles of natural justrce and set-aside the same. lA NO: 1 OF 2022 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 SUSPEND the Revocation Letter No 2017141GH\AC11650412022 Dt 27-10-2022 issued by the Respondent No 4 thereby revoking the Building Permission Vide File No 2017 1 4lGHMCl 1 650412022 Permit No 2017 1 4l9409lGHMCl2022 issued by the Respondent No 1 in favour of the petitioners for construction of Residential Building on Plot No 129C,D and '130C, D admeasuring 156.05 Sq Yds forming part of Sy Nos 591, 595 and 596 Eshwarpuri Colony Kapra Under GHMC pending disposal of the present Writ Petition. Counsel for the Petitioner: SRI G.K. DESHPANDE Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2 toS: SRI M. DURGA PRASAD, SC FOR GHMC The Court made the following: ORDER
THE HON'BLE SMT. JUSTICE LALITHA I(ANNEGANTI WRIT PETITION No.46623 of 2O22 ORDER:
The r,r.rit pcl ition is filed seeking tl-re lollowing reliel "... to issue writ in the nature of Mandamus declaring the Revocation Letter No.2O17l4lGHMC/16504/2022 Dt.27 -lO-2O22 issued by the Respondent No.4 thereby revoking the Building Permission Vide File No. 2Or7 14 IGHMC/ t65O4 12022 Permit No.2O77 14/91O9 lGHMCl2022 issued by the Respondent No.1 in favour of the petitioners for construction of Residential Building on Plot No. 129C, D and 130C, D admeasuring 156.05 Sq.Yds forming part ot Sy.Nos.59 1, 595 and 596, trshwarpuri Colony, Kapra Under GHMC as illegal, arbitrary, contra,T to jaw and violation of Article 3004 of Constitution of India and principles of natural justice and set-aside the same arrd ....."- 2.
N{r. G.K. Deshpande, learned counsel for the petitioners submits that the petitioners are owners and possessors of subject property which'"r'as purchased by hirn through a registered sale deed dated 29.07.2022. He submits that the petitioners vendor has purchased the said property by way of registered sale deed on 19.03.2018. He submits that earlier, the predecessor in title has applied for regularization under LRS scheme and the sarne was granted on 72.07 .2017. He sttbmits that the regularization is effected after issuance of the requisite NOC from the Special officer and C-qmpetent authorJty, ULC, HyderaLrad on 14.03.2007. lt is stated that after purchasing the property, the petitioners have made an application for construction of building and without any notice and without any opportunity to the petitioners, the respondents have passed the impugned revocation
letter dated 27.1O.2022 stating that the proposed site is falling in FTL/Buffer zone of Oora Cherur.,u, Kapra.
3.
Learned cotrnsel for the petitioners submits that thcreafter, the petitioner has submitted a representation to the respondents on 27.1O.2O22. He submits that u,hen the respondents have regularized the said plot after receiving the necessary amount, now it is not open for them to say that the site falls under buffer zone.
4.
lVIr. M. Durga Prasad, learned standing counsel for the respondent municipality submits that a joint inspection of the municipaLitr'. revenue and irrigation was done and in tl.e inspection, it is found that lhis land lails n'ithin the buffer zone, as such, they have issued the impugned letter rejecting the permission.
5.
When the pctitioners have made an application secking building permission basing on a registered sale deed and the respondents have come to the conclusion that the site falls under buffer zone. thev ought to have issued a notice to the petitioners and should have given an opportunity and admittedly, in the said :xrveyr the petitio4ers have not participated and thel have no knowledge about the same.
6.
In view of the same, the impugned proceedings dated 27.1O.2O22 that were issued without notice to the petitioners are set aside and the respondents shall consider the reply of the petitioners dated 27.1O.2O22 and,
pass appropriate orders in accordance with lau' arrd if required, an opportunit]: of personal hearir-rg shall be given to thc pctitioners. The entire excrcise shall be completed u,ithin a period ol (.1) u.ceks lrom the date of receipt of coplr of the order. Until such time, the petitioners shall not make any construction.
7 .
Accordingly, the $,rit petition is aliou.t:d. There si-ra1l be no order as to costs.
The Miscellaneous Applications, ii anJ., sha11 stand automaticalllq closed.
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HIGH COURT DATED:3011212022 a t E s l[}l 2$zl .J
ORDER
WP.No.46623 of 2022 ALLOWING THE WRIT PETITION WITHOUT COSTS