Telangana High Court
Sri. V V Subbaramaiah Setty And 5 ... vs The State Of Telangana And 5 Others on 8 November, 2021
Bench: K.Lakshman
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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W.P.No.27890 of 2021
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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W.P.No.27890 of 2021
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
