THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
W.A.No.523 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal has been filed against the order
dated 06.04.2021 passed in W.P.No.11723 of 2019.
The facts of the case reveal that a writ petition was preferred
by respondent Nos.1, 2 and 3 being aggrieved by the cancellation
of building permission. Learned Single Judge has allowed the writ petition. The Notice dated 17.05.2019 has been quashed and respondent Nos.1, 2 and 3 have been directed to proceed ahead with the construction.
Learned counsel appearing for the appellant has argued before this court that as per the sanctioned lay out, the area in question, over which building permission was granted earlier, is an open space and it was the present appellant who has submitted a complaint before the Greater Hyderabad Municipal Corporation and upon his complaint only the action was initiated. He has stated in all fairness that the present appellant should have been impleaded in the writ petition. However, as he was not impleaded as a respondent in the writ petition, the learned Single Judge, in the absence of a sanctioned lay out plan, has allowed the writ petition.
Undisputedly, whether the area in question is an open space or is a sanctioned plot in the lay out has not been considered by the learned Single Judge and therefore the matter is remanded back to the learned Single Judge to decide afresh, that too after hearing the present appellant. It is needless to mention that the 2 Greater Hyderabad Municipal Corporation shall also file all relevant documents, including the lay out in respect of the area in question, enabling the learned Single Judge to decide the lis on merits. The parties are directed to appear before the learned Single Judge on 09.11.2021. Till the matter is decided by the learned Single Judge, no construction activity shall take place over the land, which is the subject matter of the dispute. The learned Single Judge is requested to decide the matter as expeditiously as possible, preferably within a period of thirty days.
With the aforesaid, the writ appeal stands disposed of. The miscellaneous applications pending in this writ appeal, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 26.10.2021 Note: Issue C.C. in two days JSU