Linden Projects P Ltd vs K.Janardhan Reddy And 2 Others
2022 Latest Caselaw 3017 Tel

                 HON'BLE SRI JUSTICE P.NAVEEN RAO
                              AND
            HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU


           CIVIL MISCELLANEOUS APPEAL No.341 OF 2021

                            Date:23.06.2022

Between:

Linden Projects (P) Ltd,
Having its registered office at
Flat No.1003, H.NO.6-3-787, Royal Pavilion,
Amberpet, Hyderabad
Rep., by its Managing Director,
Varun Jupally, S/o.J. Krishna Rao,
Aged about 38 yrs, Occu : Business,
R/o.Plot No.110, Ambience Fort,
Attapur, Rajendranagar Mandal,
R.R.District
Now known as M/s. Levonor Projects Private Ltd.

                                              .....Appellant

     And

K. Janardhan Reddy S/o.Raji Reddy,
Aged about 59 yrs, Occu : Agriculture,
R/o.H.No.4-1-102, Attapur village,
Rajendranagar Mandal, R.R.District & others
                                              .....Respondents

The Court made the following:

HON'BLE SRI JUSTICE P.NAVEEN RAO AND HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU

CIVIL MISCELLANEOUS APPEAL No.341 OF 2021

JUDGMENT : (per Hon'ble Sri Justice P. Naveen Rao)

This appeal is preferred against the order dated 02.07.2021 passed in

Arb.O.P.No.312 of 2020 by the III Additional District Judge, Ranga Reddy

District at L.B.Nagar.

2. The Arbitration application was filed under Section 9 of the Arbitration

& Conciliation Act, 1996 by the respondents/petitioners seeking interim

measure of protection. On elaborate consideration of respective

submissions, the Court below partly allowed the application restraining the

respondent therein from alienating two Villas out of his share of 22 Villas till

the petitioners get clearance/regularization from the competent authority in

respect of Plot Nos.39 to 41. Though elaborate submissions are made, with

the active intervention of learned counsel for the appellant and learned

Senior Counsel appearing for the respondents, the parties have come to an

understanding for resolution of inter se dispute. At this stage, having regard

to the same, we are not recording in detail the controversy involved leading

to filing of this appeal.

3. Suffice to note that a development agreement was entered into

between the appellant and respondents on 18.06.2012 to develop the

property belonging to the respondents and construct 39 Villas. The

constructed Villas have to be shared in the ratio of 45:55 between the

developer and owners. In the said manner, developer gets 22 Villas and the

owners get 17 Villas. The owners are disturbed by the fact that three Villas

on land covered by Sy.No.116 are not being developed, whereas, the

developer is disposing of all the 22 Villas allotted to him and in such a case,

grave prejudice would be caused to the owners of land if these three Villas

are not developed.

4. The stand of the appellant/developer is that originally the developer

was not informed that the land in Sy.No.116 is a surplus land. But when

steps are being taken to develop and apply for permission, it turned out that

it was a surplus land. Unless the surplus land is regularized, developer

cannot undertake construction and that is the only reason why the

developer has not taken steps to construct three Villas while undertaking

construction of remaining Villas.

5. The Court is informed that the owners have applied for regularization

of their land in Sy.No.116. Government accordingly accepted the proposal

and issued demand notice on 14.03.2022, directing the owners to pay an

amount of Rs.44,47,500/- for the purpose of regularization of land in three

instalments i.e., on 21.03.2022, 14.07.2022 and 14.10.2022 respectively.

According to learned Senior Counsel appearing for the respondents, the

second instalment was due on 14.07.2022, but the owners have already

paid the second instalment and final instalment is being paid within next 15

days.

6. Having regard to this submission of learned Senior Counsel for the

respondents, learned counsel for the appellant submits that in the event of

payment being made and if Government issues Government Order,

regularizing the land, within one month, the developer shall obtain

permission for construction of three Villas and shall complete construction

of those three Villas within six months from the date of obtaining

permission. Learned counsel also submits that till the construction activity

is completed as stated above, the appellant will not dispose of house plot to

an extent of 200 Sq yards in Sy.No.96 of Attapur Village, Rajendra Nagar

Mandal, Ranga Reddy District which is adjacent to Plot No.42. To that

extent also the deponent clearly asserts in Paragraph No.3 of the affidavit

filed on 06.09.2021 and the same is taken on record.

7. In view thereof, this appeal is disposed of as under :

Subject to the respondents paying balance amount for regularization

of their land in Sy.No.116 and securing orders from the Government, the

appellant shall apply immediately on receiving Government orders

regularizing the land in Sy.No.116 and secure building permission for

construction of three Villas i.e., 39, 40 and 41 in Sy.No.116 of Attapur

Village within one month and shall complete construction within six months

from the date of acquiring permission. Till the three Villas are constructed

and handed over to the respondents, the appellant shall not dispose of 200

Sq yards of plot adjacent to Plot No.42 in Sy.No.96 of Attapur Village.

8. Learned Senior counsel appearing for the respondents points out that

certain Villas are not finished completely and thereby, the respondents are

not able to enjoy the Villas or to deal with them. There appears to be some

more disputes between the parties. If the respondents issue notice on the

appellant indicating the deficiencies noticed by them or unresolved issues,

on service of notice, the appellant shall attend to the same, or respond to the

notice, as expeditiously as possible. It is always open to the parties to work

out their remedies as available in law, in case of any subsequent grievance.

Pending miscellaneous petitions, if any, shall stand closed.

__________________ P.NAVEEN RAO,J

__________________________ SAMBASIVARAO NAIDU,J 23rd June, 2022 Rds