K.Mallesh vs H.M.D.Authority, And Rep.Byits 2 ...
2023 Latest Caselaw 3726 Tel

     THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                                 AND
      THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR

                 WRIT APPEAL No. 296 of 2011

JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)

        Ms. A. Durga Bhavani, learned counsel appears on behalf of

Mr. J. Ugranarasimha, learned counsel for the appellant.

        Mr. T. Srikanth Reddy, learned Government Pleader for

Revenue for respondent No.2.

2. This intra court appeal has been filed against order dated

29.06.2010 passed by the learned Single Judge by which

W.P.No.9599 of 2008 preferred by the appellant has been disposed

of.

3. Learned counsel for the parties jointly submit that the

controversy involved in the writ appeal is squarely covered by a

common order dated 28.08.2015 passed by a Division Bench of

this Court in K. Satyananda Patnaik and others vs. Hyderabad ::2::

Urban Development Authority, The Hyderabad Metropolitan

Development Authority, Hyderabad and others 1.

4. In view of the aforesaid submission and for the reasons

assigned by a Division Bench of this Court in the aforesaid

common order, order dated 29.06.2010 passed in W.P.No.9599 of

2008 is set aside.

5. Accordingly, the writ petition is disposed of with the

following directions:

(a) It shall be competent for the Urban Development

Authorities or the Local Authorities, as the case may be, to

insist on submission of clearance/permission under the 2006

Act as a condition precedent for releasing of layouts, and

(b) The land has been put to non-agricultural use before

the 2006 Act came into force, such clearance/permission

shall not be insisted.

2016 (3) ALD 600 (DB) ::3::

(c) Conversion of land into non-agricultural use under the

provisions of Act 3 of 2006 is necessary even if the land is

covered by Master Plan and sanction of layout by the

Development Authority under the provisions of Act 1 of

1975.

As a sequel, miscellaneous petitions, pending if any, stand

closed.

__________________ ALOK ARADHE, CJ

________________________ N.V. SHRAVAN KUMAR, J Date: 08.11.2023 ES