Telangana High Court
M/ S. Gayathri Gardens Gpr Layout Plot ... vs The State Of Telangana And 4 Others on 31 January, 2025
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.2023 OF 2023
ORDER:
Heard Mr. T. Surya Satish, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing on behalf of respondent No.1, Mr. Krishna Reddy Putta, learned Standing Counsel for respondent No.2, Mrs. D. Madhavi, learned Standing Counsel for HMDA appearing on behalf of respondent No.3, learned Assistant Government Pleader for Home appearing on behalf of respondent No.4 and Mr. Prabhakar Chikkudu, learned counsel for respondent No.5.
2. The present writ petition is filed to declare the action of the respondents in not considering the representations dated 21.11.2022, 28.11.2022, 13.12.2022 and 27.12.2022 submitted by the petitioner association as illegal and arbitrary.
3. CASE OF THE PETITIONER:
i) The petitioner herein is a registered Association registered under the provisions of the Telangana Societies Registration Act, 2001.
Plot owners of M/s. Gayathri Gardens GPR Layout situated at Bowrampet Village, Dundigal Municipality, Gandimaisamma - Dundigal 2 KL,J W.P. No.2023 of 2023 Mandal, Medchal - Malkajgiri District are the Members of the petitioner association.
ii) Mr. Nagallamurali Mohan and others alienated the land admeasuring Acs.17.25 guntas in Survey Nos.246/A, 246/AA, 247/A, 248/U/A and 249/A and admeasuring Acs.3.04 guntas in Survey No.268/A, situated at Bowrampet Village, Dundigal Municipality, Gandimaisamma - Dundigal Mandal, Medchal - Malkajgiri District, in favour of M/s. GPR Housing Private Limited (GPRHPL) represented by its Managing Director, Mr. G. Punna Rao, under two registered Agreement of sale-cum-General Power of Attorneys (AGPAs) bearing document Nos.3758 and 3759 of 2000, both 14.07.1999, respectively.
iii) M/s. GPRHPL also acquired a total extent of Acs.52.00 from the original pattadars apart from the aforesaid mentioned extent, obtained permission from the then Gram Panchayat, Bowrampet, developed the said land to an extent of Acs.52.00. Thereafter, M/s. GPRHPL sold out the plots to various purchasers under different registered sale deeds. Most of the owners constructed residential, commercial buildings/apartments over such plots.
iv) While so, respondent No.5 has been exploiting the open spaces of the layout; converted them into illegal parking of lorries, other 3 KL,J W.P. No.2023 of 2023 vehicles and has been collecting the parking fees illegally. That apart, he allowed the illegal huts to come up in the open spaces and thereby causing not only nuisance, but also harassment and hindrance in enjoyment of the property by the Members of the petitioner association.
v) The petitioner association made representations on various dates i.e., 21.11.2022, 28.11.2022, 13.12.2022 and 27.12.2022 to the respondents to protect the said open areas, but the same were not considered. Aggrieved by the said inaction of the respondents, the petitioner filed the present writ petition.
4. CONTENTION OF R2 - MUNICIPALITY:
i) On receipt of representations from the petitioner, its staff inspected the subject property and noticed that there are no construction activities under progress, lorries and heavy vehicles are parked in the private lands, but not in the open spaces as alleged by the petitioner.
However, the Municipality has addressed letter dated 10.02.2023 to the Police of Dundigal and also the Traffic Police to take action against the illegal parking of vehicles. Thus, the allegations made by the petitioner are baseless.
ii) The petitioner has no locus standi to file the present writ petition.
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5. CONTENTION OF HMDA:
i) The petitioner did not make any representation or complaint to the HMDA against respondent No.5.
ii) The layout permission issued by the then Gram Panchayat, Bowrampet dated 08.06.1986 is not valid in law as the layout is supposed to be granted by the then HUDA or now the HMDA.
iii) With regard to open spaces, whether it is authorized or unauthorized, the same are supposed to safeguard by the concerned local body i.e., either Gram Panchayat or Municipality.
6. CONTENTION OF RESPONDENT No.5:
i) He along with his wife and brother and sisters purchased the property admeasuring Acs.19.00 in Survey Nos.242 (Part), 246 (Part), 247 (Part), 249 (Part), 250 (Part), 251 (Part), 252 (Part) and 268 (Part) under simple sale deeds executed in the year 1982 from the protected tenants, who acquired the land under 38-E Certificate. Their names were also mutated in revenue records and pattadar passbooks and title deeds were issued in their favour in the year 1996. Since the date of purchase, he along with his family members has been in possession and enjoyment of the said land.5
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ii) His vendors preferred an appeal against them under Section - 5-B of the ROR Act, 1971, for issuance of pattadar passbooks and title deeds in their favour. The Revenue Divisional Officer (RDO) set aside the pattadar pass books and title deeds issued in their favour.
iii) Challenging the same, he filed revision petition and the same was also dismissed. Aggrieved by the same, he along with his family members filed writ petitions vide W.P. Nos.16554, 16563 and 16559 of 2005 wherein this Court granted interim orders. However, the said writ petitions are pending before this Court.
iv) While so, when the protected tenants tried to enter into the subject property, respondent No.5 and his family members filed a suit vide O.S. No.418 of 1996 for perpetual injunction and the same was decreed vide judgment and decree dated 26.03.2007. Aggrieved by the same, the protected tenants preferred an appeal vide A.S. No.17 of 2008, and learned I Additional District Judge, Rangareddy District allowed the said vide judgment dated 14.06.2011. Against the said judgment, the petitioner and his family members preferred second appeal vide S.A. No.1168 of 2011 before this Court wherein this Court granted interim order on 28.09.2011 restraining the defendants in the suit from entering the suit schedule property and the same was made absolute vide order 6 KL,J W.P. No.2023 of 2023 dated 04.03.2013. Police protection was also granted. The said Second appeal was dismissed for default and on the application filed by respondent No.5 and other appellants, it was restored.
v) The petitioner association does not have any right to put the common space in the land belonging to respondent No.5 and his family members. The President of the petitioner association and its members are land grabbers. In the said context, a case in Crime No.17 of 2024 dated 04.01.2024 was registered against them. However, the same was closed by filing a final report. Another Crime was also registered against them vide FIR No.599 of 2024, dated 22.07.2024 and the same is pending. There are civil cases pending before the Civil Court.
7. ANLYSIS AND FINDING OF THE COURT:
i) The aforesaid rival contentions would reveal that according to the petitioner, the vendor of the Members of the petitioner association purchased the land admeasuring Acs.17.27 guntas in Survey Nos.246/A, 246/AA, 247/A, 248/U/A and 249/A; Acs.3.04 guntas in Survey No.268/A, making a total extent of Acs.38.28 guntas, situated at Bowrampet Village, Dundigal Municipality, Gandimaisamma - Dundigal Mandal, Medchal - Malkajgiri District under two registered AGPAs bearing document Nos.3758 and 3759 of 2000. It is also the specific 7 KL,J W.P. No.2023 of 2023 contention of the petitioners that M/s. GPRHPL acquired the total extent of Acs.52.00 from original owners apart from the aforesaid extents under various registered sale deeds. The said M/s. GPRHPL obtained layout dated 08.06.1986 from the then Gram Panchayat, Bowrampet, developed the said land, converted into the plots and sold it to various persons under registered sale deeds including the Members of the petitioner association. They are in possession of their respective plots.
ii) It is also relevant to note that the members of the petitioner association, owners of the plots, after obtaining permission from the then Gram Panchayat, respondent No.2, constructed residential, commercial houses, apartments in their respective plots.
iii) Respondent No.5 claims to be the owner of the land admeasuring Acs.19.00 in Survey Nos.242 (Part), 246 (Part), 247 (Part), 249 (Part), 250 (Part), 251 (Part), 252 (Part) and 268 (Part), exploiting the open spaces/lay out, converted them into illegal parking of lorries and other vehicles and has been collecting parking fee from the owners of the vehicles. Thus, he is doing 'trading' without following due procedure laid down under law. He has also allowed the illegal activities in open spaces and thereby causing nuisance in enjoyment of the subject land by the members of the petitioner association. Therefore, they have 8 KL,J W.P. No.2023 of 2023 submitted representations dated 21.11.2022, 28.11.2022, 13.12.2022 and 27.12.2022 to respondent Nos.1 to 4 with a request to look into the matter and take action against respondent No.5. Despite receiving and acknowledging the same, respondent Nos.1 to 4 did not act upon the same. Therefore, the petitioner filed the present writ petition.
iv) Respondent No.3 filed counter contending that the layout issued by the then Gram Panchayat, Bowrampet dated 08.06.1986 is not valid in law as the layout is supposed to be granted by the then HUDA or now the HMDA. With regard to the open spaces, whether it is authorized or unauthorized, the same should be safeguard by the local authority i.e., respondent No.2 Municipality herein. However, the petitioner did not submit any representation to respondent No.3. Therefore, the petitioner cannot seek any relief against respondent No.3.
v) According to respondent No.2, on receipt of the said representations, its staff inspected the site and noticed that there are no construction activities under progress. However, lorries and heavy vehicles are parked in the private lands, but not in the open spaces as alleged by the petitioner. Therefore, respondent No.2 requested the Police to look into the said illegal parking of vehicles. 9
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vi) It is apt to note that on 12.04.2023, this Court passed the following interim order:
"In view of the submission of learned Standing Counsel, respondent No.4 is directed to take appropriate action on the letters addressed by respondent No.2 - Municipality and place a report before this Court by the next date of hearing."
vii) Respondent No.2 addressed a letter dated 10.02.2023 to the Station House Officer, Dundigal Police Station, stating that the Municipal Authorities have inspected the subject property and observed that some lorries and other vehicles are being parked in Survey Nos.246/AAA (P), 247/A, 248/U/A, 249/A, 269/A of Bowrampet Village, as such the matter pertains to Traffic Police Department and no construction activities have been noticed.
viii) Pursuant to the said letter, the Station House Officer, Dundigal Police Station, submitted its reply dated 20.11.2023 stating that he has visited the subject property on 16.11.2023, made a G.D. entry, got enquired and found that there are so many vehicles i.e., lorries were parked in the subject land. On enquiry with both the parties, it came to know that a civil dispute is pending between Smt. Puchakayala Swathi Reddy & others and respondent No.5 vide O.S. No.203 of 2022. There 10 KL,J W.P. No.2023 of 2023 is an interim injunction. The said suit is pending. Respondent No.4 issued a memo to DCP, Medchal Zone, Cyberabad, requesting him to send a detailed enquiry report on the letters addressed by respondent No.2 Municipality. The DCP Medchal Zone, Hyderabad, in turn requested the Station House Officer, Dundigal Police Station, to enquire and submit a detailed enquiry report. Accordingly, the Station House Officer, Dundigal Police Station has visited the subject property, caused enquiry. He has requested the Tahsildar, Gandimaisamma - Dundigal Tahsil, to furnish the report as to whether the land in Survey Nos.246/AAA, 247/A, 248/U/A, 249/A, 269/A of Bowrampet is a private or government land. The Tahsildar furnished the report stating that the subject land is a patta land belongs to private parties.
ix) Except the writ petitioner, no other owner of the land/property gave any complaint either to respondent No.4 or to the concerned Police Station. With regard to the collection of parking fee by respondent No.5, it is within the domain of respondent No.2. Therefore, vide letter dated 25.10.2024, the Station House Officer, Dundigal Police Station has addressed a letter to respondent No.2 with a request to furnish the details as to whether any permission was granted to respondent No.4 for parking of vehicles/lorries in the subject property. 11
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x) The police can interfere with the illegal parking in the following instances:
i. No parking zones: Parking is strictly prohibited in designated no parking zones and any area where parking is explicitly disallowed.
ii. Side walks and private property: vehicles should not be parked on side walks or too far away from them, and parking on the private property without the owners permission is not allowed.
iii. Heavy traffic areas: parking is prohibited on main roads or any road with heavy traffic to avoid obstructions. iv. Traffic flow: vehicles should be parked on the opposite side of the road from other parked vehicles or a long side them ensuring that traffic flow is not impeded. v. Road markings: parking is not allowed on roads with a continuous white line in the center, in front of gates or obstructing building entrances.
vi. Proximity to facilities: Parking is restricted near bus stops, schools, hospitals and locations where it may obstruct views of road signs.
vii. Traffic signals and crossings: vehicles should not be parked near traffic signals, pedestrian crossing or on bridges as towing may be enforced.
On consideration of the aforesaid facts, according to respondent No.4, the police can interfere only when there is specific complaint with regard to illegal parking if the parking is done on the highways or within the Government lands. The subject property is private property and civil disputes are pending. Respondent No.4 has submitted his report dated 28.10.2024 to the Registrar (Judicial) of this Court.12
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xi) Respondent No.5 and his family members are claiming that they are the absolute owners and possessors of the land admeasuring Ac.0.20 guntas in Survey No.242, Acs.4.20 guntas in Survey No.247, Acs.2.38 guntas in Survey No.249, Acs.3.01 guntas in Survey No.250, Ac.0.20 guntas in Survey No.251, Acs.5.20 guntas in Survey No.252 and Acs.2.00 guntas in Survey No.268, making a total extent of Acs.19.00 guntas with the following boundaries:
North : Land belongs to Matrusree Educational Society South : Land belongs to Dr. Srinivas Rao East : Main Tar Road West : Land belongs to Venkatram Chandrareddy.
xii) It is also apt to note that respondent No.5 and his family members are claiming the aforesaid property contending that they have purchased the same under simple sale deeds from the protected tenants -
38-E Certificate Holders. Their names were also mutated in revenue records. Old Pattadar passbooks and title deeds were also issued by the Revenue Authorities. The land owners filed an appeal under Section 5-B of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short 'ROR Act, 1971') before the Revenue Divisional Officer (RDO), who in turn allowed the said appeal setting aside the mutation proceedings issued in favour of respondent No.5 and his family members. Feeling aggrieved by the said order, respondent No.5 and his 13 KL,J W.P. No.2023 of 2023 family members filed a revision under Section - 9 of the ROR Act, 1971 and the same was dismissed. Challenging the said orders, respondent No.5 and his family members filed writ petitions vide W.P. Nos.16554, 16563 and 16559 of 2005, and this Court granted interim orders. The said writ petitions are pending and the interim orders are subsisting.
xiii) When the landlords of the property claimed by respondent No.5 and his family members interfered with the possession of respondent No.5 and his family members, they have filed a suit vide O.S. No.418 of 1996 against the landlords and others seeking perpetual injunction. The said suit was decreed. Feeling aggrieved and dissatisfied with the said judgment and decree in O.S. No.418 of 1996, the landlords preferred an appeal vide A.S. No.17 of 2008 and the same was allowed setting aside the judgment and decree in O.S. No.418 of 1996. Challenging the said judgment, respondent No.5 and his family members preferred a second appeal vide S.A. No.1168 of 2011 before this Court, wherein this Court granted interim injunction restraining the respondents therein from interfering with the possession of respondent No.5 herein and his family members over the suit schedule property. The said S.A. is pending and the said interim injunction is also subsisting. This Court also granted police protection to them. It is also 14 KL,J W.P. No.2023 of 2023 apt to note that once the said SA was dismissed for default, on the application filed by respondent No.5 and his family members, the same was restored to its original position. The same is pending now.
xiv) It is also apt to note that one Mrs. Puchakayala Swathi Reddy, owner of plots, filed a suit vide O.S. No.203 of 2022 against respondent No.5 herein seeking perpetual injunction. In the said suit, she has also filed an Interlocutory Application vide I.A. No.198 of 2022 seeking temporary injunction, and the trial Court vide order 14.03.2023 granted the temporary injunction restraining respondent No.5 herein from interfering into the possession and enjoyment of petitioner therein over the suit schedule property. The said suit is pending and the said temporary injunction is subsisting. Aggrieved by the said order of injunction, respondent No.5 preferred an appeal vide CMA No.1376 of 2023 and the same is pending. However, there is no interim order.
xv) It is also apt to note that several other plot owners have also filed similar suits against respondent No.5 and his family members vide O.S. Nos.1652, 1376, 2997 and 278 of 2022 and the same are pending.
xvi) Respondent No.5 and his family members filed a writ petition vide W.P. No.18769 of 2023 against the respondents therein to declare the action of Municipality in granting permission to the plot 15 KL,J W.P. No.2023 of 2023 owners for construction of building as illegal, and the same was dismissed as withdrawn on 08.09.2023.
xvii) It is the specific case of the petitioner that many of the plot owners obtained permission from the then Gram Panchayat and also respondent No.2 Municipality, constructed residential houses, commercial buildings and apartments etc., and they are living in the same. Even then, respondent No.5 is permitting heavy vehicles parked in the open spaces of the subject land and collecting fee illegally. He is also running a Petrol Bunk in the subject land. Even in the report of respondent No.4, dated 28.10.2024 and counter filed by respondent No.2, it is specifically stated that there are structures and sheds etc., on the subject land. On inspection of subject land, the Police of Dundigal and respondent No.2 also found parking of heavy vehicles, sheds, commercial activities in the subject property.
xviii) In paragraph No.17 of the counter filed by respondent No.5, he has specifically contended that he and his relatives are absolute owners and possessors of the land situated in Survey Nos.249/Part, 250/Part and 251/Part of Bowrampet Village and he has given parking 20 years ago to one Mr. Sudhakar Reddy, who is his site Manager since then, till date he is maintaining parking as well as maintaining total site. 16
KL,J W.P. No.2023 of 2023 The petitioner association is making representations to the official respondents to vacate the subject land. Thus, even according to respondent No.5, he is collecting parking fee through Mr. Sudhakar Reddy.
xix) The aforesaid facts would reveal that there are serious title disputes with regard to the subject property. The aforesaid suits, writ petitions, CMA and Second Appeal etc., are pending. Injunctions are also subsisting. Two Crimes were also pending in respect of the subject land. The said title disputes appear to be serious in nature. Therefore, this Court cannot consider the said aspects in a writ petition filed under Article - 226 of the Constitution of India.
xx) The grievance of the petitioner in the present writ petition is that it had submitted representations to respondent Nos.2 to 4 informing them the illegal activities of respondent No.5 and requested them to take action against respondent No.5.
xxi) In is the specific contention of the petitioner that they have purchased the plots under different registered sale deeds and respondent No.5 is parking vehicles in the open space of the layout obtained by their Vendor from the then Gram Panchayat, Bowrampet, dated 08.06.1986. It is also the specific case of the petitioner that its Vendor - M/s. 17
KL,J W.P. No.2023 of 2023 GPRHPL purchased the land admeasuring Acs.5.05 guntas and Ac.0.29 guntas from the wife of respondent No.5 under two registered sale deeds bearing document Nos.6426 of 1996 and 4167 of 1998, respectively. Respondent Nos.3 and 5 in S.A. No.1168 of 2011 died. Even then, respondent No.5 herein and his family members, the appellants therein, did not take any step to bring legal representatives of the said deceased respondents on record. Respondent No.5 has also filed a writ petition vide W.P. No.27366 of 2022 challenging the permission granted to Mrs. Puchakayala Swathi Reddy and the same was dismissed on the ground of suppression of the suit vide O.S. No.203 of 2022 by the said Mrs. Puchakayala Swathi Reddy.
xxii) It is also the specific contention of the petitioner that vendor of the Members of the petitioner association i.e., M/s. GPRHPL is not a party to the said suit and also the second appeal. The said injunction order is not binding on them.
xxiii) It is also the specific contention of the petitioner that respondent No.5 cannot do illegal activities including trading, commercial activities by permitting heavy vehicles in the open space of the said layout and collect parking fee without obtaining permission from respondent No.2 Municipality. The petitioner has also filed 18 KL,J W.P. No.2023 of 2023 receipts in proof of collection of parking fee from the vehicle owners and also photographs.
xxiv) In the light of the aforesaid submissions, it is apt to refer to Sections - 2 (21), 2 (22), 2 (39), 2 (40), 2 (46), 2 (55), 2 (58), 2 (69), 2 (103) and 2 (108), 161, 162, 158, 137, 139, 142, 171 of the Telangana Municipalities Act, 2019 (for short 'Act, 2019').
"2(3) 'building' includes a house, out-house, stable, latrine, godown, shed, hut, wall, fencing, platform and any other structure whether of masonry, bricks, wood, mud, metal or of any other material whatsoever."
"2(21) "development" means the carrying out of any activity of construction or building, or other operations in, or over, or under land or water, or the making of any material changes or otherwise, in any building or land or any part thereof, or in the use of any building or land, and includes any repairs or redevelopment and layout and sub-division of any land; and "to develop" shall be construed accordingly."
"2(22) "development charge" means a charge levied for the purpose of any development activity."
"2(39) "house" means a building or hut fit for human occupation, whether as a residence or otherwise, having a separate principal entrance from the 19 KL,J W.P. No.2023 of 2023 common way, and includes any shop, workshop or warehouse or any building used for garaging or parking buses or as a bus-stand."
"2(40) "hut" means any building which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of whatever material made, which the council may declare to be a hut for the purposes of this Act."
"2(46) "license" means a license issued under this Act."
"2(55) "municipal property" means and includes municipal open spaces, auditoriums, parks, playgrounds, community halls, municipal roads, pavements, street lights, garbage, nalas, municipal drain, municipal market, municipal slaughter-house or water works and all such other structures, buildings, etc. belonging to and managed by the Municipality under this Act."
"2(58) "nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to health or property of the public or the people in general who dwell or occupy in the vicinity or persons who may have occasion to use any public right."20
KL,J W.P. No.2023 of 2023 "2(69) "public place" includes any path, garden or ground or any other place to which public have or are permitted to have access."
"2(103) "waste" means solid waste or semi-solid domestic waste, sanitary waste, commercial waste, institutional waste, catering and market waste and other non-residential waste, street sweeping, silt removed or collected from the surface drains, horticulture waste, agriculture and dairy waste, industrial waste, bio-medical waste and e-waste, battery waste, radioactive waste generated in the area under the Municipality."
"2(108) The words and expressions used in this Act, but not defined shall have the meanings assigned to them in the relevant Acts."
"137. No person shall build any wall or erect any fence or cause any other obstruction or projection or make any encroachment in or over any public road, except as hereinafter provided,-
(a) no door, gate, extension of any structure whatsoever, or ground floor window, shall, be hung or be placed so as to open upon any public road, without a license from the authority;
(b) the Municipal Commissioner may require the owner or occupier of any building to remove or alter any projection, encroachment, or obstruction, situated against or in front of such building, and in or over any public road vested in the Municipality."21
KL,J W.P. No.2023 of 2023 "139. (1) No person shall cause any damage to the roads, footpaths, road margins in any manner whatsoever. Any violation thereof shall attract appropriate action, including penal action. The amount as required to repair the said damage shall be recovered from the said person in the manner prescribed.
(2) No person shall plant any tree on any public road, or other property vesting in or belonging to the Municipality, except with the previous permission of the Municipal Commissioner, and on such conditions as may be imposed.
(3) No person shall fell, remove, destroy, lop or strip bark, leaves or fruits, from, or otherwise damage any tree vesting in or belonging to Municipality or Government, except with the previous permission from the Municipal Commissioner or competent authority, and on such conditions as the Municipality may impose."
"142. Subject to the provisions of this Act, the Municipality may, either on its own or through any other agency authorized by it in this behalf, as and when necessary, having regard to the abutting land uses and traffic flow patterns, implement traffic engineering schemes to ensure public safety, convenience and expeditious movement of traffic, including pedestrian traffic."22
KL,J W.P. No.2023 of 2023 "158. The Municipality may publish a notification specifying conditions and required certificates including no objection certificates from the required agencies such as pollution control board, and in the prescribed manner for the purposes for conducting any trade in the Municipality. The request for the license along with required documents as prescribed shall be made online and issued accordingly. A fine of 25 times shall be levied in case it is found that self certification was done wrongly with malafide intention."
"161. (1) The Municipality shall take steps to remove, put down and abate all nuisances affecting public peace, tranquility, public safety, public health, morals and decency within its jurisdiction on public or private premises, and may proceed at law against any person committing any such nuisances for the abatement thereof and for damages.
(2) No person shall,-
(a) unauthorizedly affix upon any building, monument, post, wall, fence, tree or other public place, any bill, notice or other document, or
(b) deface, or write upon, or otherwise mark on any building, monument, post, wall, fence, tree or other public place, or
(c) litter the public places, streets, roads, parks, playgrounds and other such places, or 23 KL,J W.P. No.2023 of 2023
(d) carry rubbish, filth or other polluted and obnoxious matter along any route in contravention of any prohibition made in this behalf by the authority, or
(e) bury or cremate or otherwise dispose of any corpse at a place not licensed for the purpose, or
(f) disturb public peace or order in violation of sound pollution control, or
(g) cause pollution of air in violation of air pollution control order, if any, or
(h) cause obstruction to the movement of vehicular or pedestrian traffic without permission from the competent authority, or
(i) affix indecent or obscene pictures or printed or written matter or any poster, bill, notice or other paper or means of advertisement against or upon any street, building, wall, tree, board, fence or pole or writes upon, spoils, defaces or marks any such building, wall, tree, board, fence or place with chalk or paint or any other way whatsoever, or
(j) quarry, blast, cut timber or carry on building operations in such manner as to cause, or likely to cause danger to persons passing by, or dwelling or working in the neighborhood.
(3) Any person who fails to comply with any order under this sub-section shall be liable for fine in addition to penal action, as prescribed."
"162. Subject to the provisions of any law relating to air, water or noise pollution, for the time being in 24 KL,J W.P. No.2023 of 2023 force, and in accordance with any notification by the State Government in that behalf, the Municipality may function as a competent authority for the enforcement of such law:
Provided that recovery of charges and imposition of penalty, is levied on those persons who are directly responsible for causing pollution of any kind referred above as prescribed by the Government."
"171. (1) There shall be, in every Municipality, and in a defined time frame, a Master Plan comprising of a detailed planning scheme, land pooling scheme, local area plan having components of Water Supply Network Plan, Drainage and Sewerage Plan, Sanitation Plan, Urban green spaces Plan, and Traffic & Transport Plan as prescribed in the Telangana Town Planning Act, 1920 and the Telangana Urban Areas (Development) Act, 1975 and such a plan shall be the guiding principle for overall development of the town.
(2) For securing planned development of areas in Municipalities, a Detailed Planning Scheme or Local Area Plan shall be prepared for specific areas as identified and notified, and as prescribed in the Telangana Town Planning Act, 1920. Detailed Planning scheme shall be prepared in conformity with Master Plan or Indicative Land Use Plan, if any, and shall have ecologically sensitive areas earmarked, and shall have detailed Road Network Plan, Urban Green Spaces Plan, Drainage Plan, Water Trunk Lines, Rain 25 KL,J W.P. No.2023 of 2023 Water Harvesting Structures and Solid Waste Management among the other as prescribed."
xxv) It is also relevant to note that Sections - 280 and 281 of the Act, 2019 deals with 'duties of Police Officers' and 'Power of Police Officers to arrest persons' respectively. Section - 282 deals with 'exercise of powers of Police Officer by Municipal Officers or Employees'.
xxvi) Rule - 3 (a) of the Telangana Regularization of Unapproved and Illegal Layout Rules, 2019 for newly constituted Municipalities issued by respondent No.1 vide G.O.Ms.No.251, MA & UD (Plg.III) Department, dated 14.10.2019 deals with 'unapproved/illegal layout', and it says that sub-division of land into plots with or without developed roads, open spaces and amenities and without the approval of the competent authority.
xxvii) In the light of the aforesaid provisions and the Rules, the petitioner has specifically alleged that respondent No.5 is collecting parking fee by permitting heavy vehicles for parking in open spaces of the layout dated 08.06.1986 and also doing illegal activities by erecting sheds and fencing etc. Therefore, the same is in violation of the procedure laid down under the Act, 2019. Even in the counter filed by 26 KL,J W.P. No.2023 of 2023 respondent No.5, he has categorically admitted about maintenance of the said site, collection of parking fee by engaging one Mr. Sudhakar Reddy, Site Manager.
xxviii) It is also relevant to note that the Station House Officer, Dundigal Police Station requested respondent No.2 to furnish the details as to whether any permission was granted to respondent No.5 for parking of heavy vehicles and collection of fee etc. In the counter filed by respondent No.2, there is no mention about the same. Even he has not furnished the said details to the Station House Officer, Dundigpal Police Station. The report of respondent No.4 dated 28.10.2024 is also silent about the same.
8. CONCLUSION:
i) In the light of the aforesaid discussion and also considering the pendency of the aforesaid Suits, Writ Petitions, CMA and Second Appeal etc., this writ petition is disposed of with the following directions:
(a) Respondent No.2 shall consider the representations dated 21.11.2022, 28.11.2022, 13.12.2022 and 27.12.2022 submitted by the petitioner association, inspect the subject property and take action against respondent No.5 strictly in accordance with the 27 KL,J W.P. No.2023 of 2023 procedure laid down under the Act, 2019 by putting the Petitioner Association and respondent No.5 on notice and affording them an opportunity of hearing;
(b) Respondent No.2 shall consider the allegation made by the petitioner that respondent No.5 permitting heavy vehicles to park in the subject property and collect parking fee without obtaining permission/license from it;
(c) Respondent No.2 shall also consider the aspect that respondent No.5 and his family members claiming to be the owners of the land admeasuring Acs.19.00 in Survey Nos.242 (Part), 246 (Part), 247 (Part), 249 (Part), 250 (Part), 251 (Part), 252 (Part) and 268 (Part) of Bowrampet Village, can permit heavy vehicles to park in the said land and collect parking fee without obtaining permission from respondent No.2 Municipality;
(d) Respondent No.2 shall also consider as to whether permissions were obtained by respondent No.5 and others for construction of sheds, structures and fencing etc. over the subject property since the same would come under the definition of 'building' as enshrined in Section - 2 (d) of the Act, 2019;
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(e) Respondent No.2 shall also consider the contention of the Members of the petitioner association that they have purchased open plots under various registered sale deeds from its Vendor i.e., M/s. GPRHPL basing on the Layout dated 08.06.1986 issued by the then Gram Panchayat, Bowrampet;
(f) Respondent No.2 shall also consider pendency of the aforesaid Suits, Writ Petitions, CMA and Second Appeal etc. and the interim injunctions/orders passed therein etc. and shall not get into the title disputes between respondent No.5 and his family members and the defendants in the aforesaid suits;
(g) Respondent No.2 shall complete the entire exercise within a period of three (03) months from the date of receipt of copy of this order; and
(h) The District Collector, Medchal - Malkajgiri District shall take all necessary steps for disposal of the aforesaid writ petitions and second appeal i.e., W.P. Nos.16554, 16563 and 16559 of 2005 and S.A. No.1168 of 2011 in respect of the subject property to avoid multiplicity of litigation;
ii) In the circumstances of the case, there shall be no order as to costs.
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KL,J W.P. No.2023 of 2023 As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed.
_________________ K. LAKSHMAN, J 31st January, 2025 Mgr