THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR
WRIT APPEAL No. 296 of 2011
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Ms. A. Durga Bhavani, learned counsel appears on behalf of
Mr. J. Ugranarasimha, learned counsel for the appellant.
Mr. T. Srikanth Reddy, learned Government Pleader for
Revenue for respondent No.2.
2. This intra court appeal has been filed against order dated 29.06.2010 passed by the learned Single Judge by which W.P.No.9599 of 2008 preferred by the appellant has been disposed of.
3. Learned counsel for the parties jointly submit that the controversy involved in the writ appeal is squarely covered by a common order dated 28.08.2015 passed by a Division Bench of this Court in K. Satyananda Patnaik and others vs. Hyderabad ::2::
Urban Development Authority, The Hyderabad Metropolitan Development Authority, Hyderabad and others 1.
4. In view of the aforesaid submission and for the reasons assigned by a Division Bench of this Court in the aforesaid common order, order dated 29.06.2010 passed in W.P.No.9599 of 2008 is set aside.
5. Accordingly, the writ petition is disposed of with the following directions:
(a) It shall be competent for the Urban Development Authorities or the Local Authorities, as the case may be, to insist on submission of clearance/permission under the 2006 Act as a condition precedent for releasing of layouts, and
(b) The land has been put to non-agricultural use before the 2006 Act came into force, such clearance/permission shall not be insisted.
1 2016 (3) ALD 600 (DB) ::3::
(c) Conversion of land into non-agricultural use under the provisions of Act 3 of 2006 is necessary even if the land is covered by Master Plan and sanction of layout by the Development Authority under the provisions of Act 1 of 1975.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ ALOK ARADHE, CJ ________________________ N.V. SHRAVAN KUMAR, J Date: 08.11.2023 ES