THE HONOURABLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.27890 of 2021
ORDER:
Heard Mr.M.V. Rajkumar Gabriel, learned counsel for the petitioners, learned Government Pleader for Revenue appearing on behalf of respondent No.1 and Mr. Sampath Prabhakar Reddy, learned Standing Counsel for GHMC appearing on behalf of respondent Nos.2 to 6.
2. This writ petition is filed to declare the action of respondent Nos.3 to 5 in insisting upon production of Clearance Certificate / No Objection Certificate from Urban Land Ceiling (ULC) Authorities to process the petitioners' application dated 04.10.2021 for building permission and issuing shortfall letter dated 08.10.2021, as illegal, and for a consequential direction to respondent Nos.3 to 5 to dispose of the building permission application submitted by the petitioners without insisting Clearance Certificate / No Objection Certificate (NOC) from the ULC Authorities.
3. The petitioners herein claim that they are the absolute owners and possessors of Plot bearing No.502-C Part, admeasuring 300 square yards in Survey No.77, situated at Raghavendra Nagar, Kondapur Village, Serilingampally Mandal and Municipality, Ranga Reddy District, having acquired it under a registered sale deed bearing document No.11764 of 2021, dated 15.07.2021.
4. The petitioners herein and their GPA holder, with an intention to construct a residential building over the said property, made an application dated 04.10.2021 with respondent Nos.3 to 5 duly enclosing all the required documents.
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5. Vide short-fall letter dated 08.10.2021, respondent No.3 has informed the petitioners to submit the ULC clearance certificate along with G.O. Annexure. Challenging the same, the petitioners herein have filed the present writ petition.
6. The learned Government Pleader for Revenue, on instructions, would submit that against the judgment dated 28.03.2017 in W.P. No.21580 of 2008, the Government has preferred an appeal vide W.A. No.166 of 2018, and the same is pending. There are no interim orders in the said writ appeal.
7. It is relevant to note that vide common judgment dated 28.03.2017 in W.P. No.21580 of 2008 and batch, this Court held that the ULC proceedings initiated in respect of the lands covered in W.P. No.21580 of 2008 have lapsed as the respondent authorities failed to take physical possession of the subject lands as on the date on which the repeal Act was adopted and, as such, there is no need for the petitioners therein to seek regularization of the subject lands.
8. The subject lands in the said writ petition, includes the lands of Kondapur Village. Though the writ appeal vide W.A. No.166 of 2018 was filed challenging the said order, there are no interim order as on today. Vide proceedings dated 16.08.1983, the then HUDA had informed that the land in Survey Nos.63 and 71 to 77 of Kondapur is in residential zone. The subject land in the present writ petition is in Sy.No.77 of Kondapur Village. Thus, this Court is of the considered opinion that there is no need for the petitioners to obtain Clearance Certificate / NOC from the ULC Authorities for processing their application seeking building permission.
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9. In view of the above discussion, this Writ Petition is disposed of directing respondent Nos.3 to 5 to process the application dated 04.10.2021 submitted by the petitioners for building permission without insisting for production of Clearance Certificate / NOC from the ULC Authorities, and pass necessary orders thereon by taking into consideration of the order dated 28.03.2017 passed by this Court in W.P. No.21580 of 2008, as expeditiously as possible, preferably within four (04) weeks from the date of receipt of a copy of this order. However, it is made clear that any orders likely to be passed by the unofficial respondents shall be subject to the final orders to be passed by this Court in W.A. No.166 of 2018 and batch, and the petitioners herein shall not claim any equities in case any adverse orders are passed against them in the said writ appeal. In case of any alienation, the petitioners shall inform the purchaser about the pendency of the litigation and that the building permission is subject to the final orders likely to be passed in W.A. No.166 of 2018 and batch. Any alienation made by the petitioners is also subject to the result of the said W.A. No.166 of 2018 and batch.
Miscellaneous petitions, if any, pending, shall stand closed. No order as to costs.
________________ K. LAKSHMAN, J Dated: 8th November 2021 mar