Telangana High Court
Dr.Kosoori Srinivas vs The State Of Telangana on 18 February, 2022
Bench: P.Madhavi Devi
THE HON'BLE SMT.JUSTICE P.MADHAVI DEVI
WRIT PETITION No.2520 of 2022
ORDER :
This writ petition has been filed seeking a Writ of Mandamus
declaring the impugned shortfall intimation Letter in File
No.005460/GHMC/2948/CHR2/2021-BP, dated 31.12.2021 insofar as
insisting the petitioners to obtain NOC from the Revenue Department
and not granting building permission, as illegal, arbitrary and contrary
to Section 429 of GHMC Act, 1955 and Bye-law 4(2) of the Building
Bye Laws and set aside the same, and consequently, direct respondent
Nos.2 and 3 to grant building permission to the petitioners as per the
provisions of GHMC Act, 1955.
2. Heard learned counsel for both sides.
3. It is the case of the petitioners that their father and his elder
brother have purchased vacant land in Plot No.215 to an extent of 490
square yards situated at Akberbagh, Malakpet, Hyderabad through a
registered sale deed dt.03.04.1964 and thereafter, the petitioners'
father and uncle applied for building permission for construction of a
house in Plot No.215, which was accorded on 09.08.1965. Thereafter,
the petitioners' uncle executed a registered release deed dt.06.10.1993
in favour of the petitioners' father. Thus, the petitioners' father
became the absolute owner of the property. After the death of the
petitioners' father on 14.09.2020, the petitioners being the successors
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W.P.No.2520 of 2022
have become owners of the property. Since the building was old and
in dilapidated condition, they demolished it and proposed to construct
stilt + 4 upper floors and accordingly applied for building permission
vide Application No.005460/2948/CHR2/2021-BP, dt.20.12.2021 duly
enclosing all the necessary documents including the title deeds and
drawings of the plans. The petitioners submitted that they have also
paid property tax till date and have enclosed all the necessary
documents. However, the respondents have issued a shortfall letter
dt.31.12.2021 requiring the petitioners to obtain clearance certificate
from the revenue department and that the same has to be submitted
since the market value certificate discloses that the property in
question is prohibited one. Challenging the said shortfall letter, this
Writ Petition has been filed.
4. Learned counsel for the respondents submitted that in the
survey number in which the subject property is mentioned, there are
disputes with regard to the property and therefore, the same was put in
the prohibitory list of properties and when similar issues with regard
to the same property came up before this Court, this Court has directed
that in respect of the premises in which old buildings exist, there
should not be any insistence on production of 'NOC' from the revenue
authorities.
5. At this juncture, the learned counsel for the petitioners
submitted that the petitioners have demolished the old structure and
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W.P.No.2520 of 2022
are seeking to construct ground + 4 upper floors building and therefore
their case is also covered by the orders of this Court.
6. Thus, it is submitted by the learned counsel for both the parties
that the issue in this writ petition is squarely covered by the judgment
of this Court in W.P.No.20173 of 2021, dated 06.09.2021.
7. In view of above and for the reasons recorded in the order dated
06.09.2021 in W.P.No.20173 of 2021, this writ petition is disposed of
with a direction to the competent authority to process the application
of the petitioners for building permission, without insisting for
production of No-objection Certificate from the Revenue Authorities,
and pass necessary orders thereon, as expeditiously as possible,
preferably within a period of four weeks from the date of receipt of a
copy of this order, and taking into consideration the ratio laid down by
this Court in Hyderabad Potteries Private Limited v. Collector,
Hyderabad District1 and strictly in accordance with law.
8. A copy of the order passed by the competent authority shall be
communicated to the petitioners. If the Revenue Authorities feel that
the land in respect of which the building permission is sought, is a
Government land, they are free to take necessary action strictly in
accordance with law. No order as to costs.
2001 (3) ALD 600 : 2001 (3) ALT 200
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W.P.No.2520 of 2022
9. Pending miscellaneous applications, if any, in this Writ Petition
shall stand closed.
____________________
P. MADHAVI DEVI, J
Date : 18.02.2022
N.B :
Issue C.C. by 22.02.2022.
(b/o)
Ajr/Svv
