M/S Abode Infra Projects India ... vs The State Of Telangana
2023 Latest Caselaw 874 Tel

    THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                 AND

           THE HON'BLE SRI JUSTICE N. TUKARAMJI


                   WRIT APPEAL No.154 of 2023


JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


      Heard Ms. Ija Indira, learned counsel for the appellant;

Mr. Pasham Krishna Reddy, learned Government Pleader for

Municipal Administration and Urban Development Department

for respondent No.1; and Mr. B.Jagan Madhav Rao, learned

Standing Counsel for respondent Nos.2 & 3.

2. This appeal is directed against the order dated

05.12.2022 passed by the learned Single Judge dismissing

Writ Petition No.42938 of 2022 filed by the appellant as the

petitioner.

3. In the aforesaid writ petition, appellant had

assailed legality and validity of the speaking order dated

15.09.2022 issued by the 2nd respondent.

                                   2                       HCJ & NTRJ
                                                    W.A.No.154 of 2023

4. A perusal of the speaking order would go to show

that 4th respondent had lodged a complaint before the

Municipal Corporation, Nizampet i.e., respondent No.2 alleging

unauthorized commercial activities being carried out by the

appellant in the apartment known as 'Green Ridge Apartment',

the residents of which have formed respondent No.4

association. It was alleged that such commercial activities was

being carried out by deviating from the sanctioned building

plan and by utilizing spaces earmarked for parking, indoor

games etc. Such business activities also has jeopardized the

privacy and security of the residents of the apartment. Office

staff of the 2nd respondent had inspected the apartment

building and observed deviations made by the developer i.e.,

appellant to the sanctioned building plan. Accordingly, show

cause notice dated 23.08.2022 was issued to the appellant.

However, no reply was submitted by the appellant. In these

circumstances, 2nd respondent directed the appellant to

remove the unauthorized construction i.e., Commercial Super

Market at cellar and G.K.Naidu & Group Office at stilt floor

within three days from the date of receipt of 3 HCJ & NTRJ W.A.No.154 of 2023

the speaking order, failing which it was warned that action

would be taken under the Telangana Municipalities Act, 2019.

5. Learned Single Judge found from the materials on

record that there was no revised building permission for

making the above construction. Therefore, learned Single

Judge came to the clear conclusion that the constructions

carried out by the appellant were unauthorized. Writ petition

was accordingly dismissed.

6. In the hearing today, we put a query to learned

counsel for the appellant regarding the revised building

permission for construction of Commercial Super Market at

cellar and G.K.Naidu & Group Office at the stilt floor, but he

submits that such permission is not available with him.

7. In such circumstances, we do not find any good

reason to entertain the writ appeal.

8. Writ Appeal is accordingly dismissed. However,

there shall be no order as to costs.

                                 4                     HCJ & NTRJ
                                                W.A.No.154 of 2023

9. As a sequel, miscellaneous applications pending, if

any, in this Writ Appeal, shall stand closed.

_______________________ UJJAL BHUYAN, CJ

______________________ N.TUKARAMJI, J Date: 21.02.2023 KL