Telangana High Court
Kolluri Venkateshwarlu vs The State Of Telangana on 4 September, 2023
Bench: T.Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.21490 of 2023
ORDER:
In this Writ Petition, the petitioner has assailed the order dated
02.09.2022, by which, the 3rd respondent had issued a Shortfall Intimation
Letter (for short, 'SIL'), pursuant to the application submitted by the petitioner
on 23.08.2022 for permission to construct a house in Plot bearing No.W-13
admeasuring 333 square yards in Survey Nos.329/4 and 329/5 situated at
Mahadevapuram Residential Project Phase - III, Gajularamaram Village,
Quthbullapur Mandal, Medchal-Malkajgiri District.
2. Heard learned counsel for the petitioner, learned Government Pleader
for Municipal Administration and Urban Development appearing for
respondent No.1 and learned Standing Counsel appearing on behalf of
respondent Nos.2 to 4 and with their consent, the Writ Petition is taken up for
hearing and disposal at the stage of admission.
3. Petitioner contends that he is the owner of Plot bearing No.W-13
admeasuring 333 square yards in Survey Nos.329/4 and 329/5 situated at
Mahadevapuram Residential Project Phase - III, Gajularamaram Village,
having acquired the same under a registered sale deed dated 24.02.2005.
Petitioner further contends that he intended to construct a residential building
in the said plot of land and had approached the respondent authorities by
submitting an application on 23.08.2022.
4. It is further contended that upon the petitioner making the application
to the authorities concerned, the petitioner has been issued with the impugned
proceeding titled as 'Shortfall Intimation Letter' dated 02.09.2022, wherein
multiple shortfalls have been noted and the petitioner was directed to comply
with the objections noted therein within 15 days from the date of
communication of the same.
5. Petitioner contends that while the petitioner would comply with various
objections noted in the SIL, he is aggrieved by Objection No.2, which reads as
under:
Sl.No. Documents Name Remarks
1. .... ....
2. LRS Proceedings/approved 1) As per the Prohibited property
layout & plan copy for list, the Sy.No.329/4 & 5 is falling
approved plots/previous Govt Land and also there are court
permission copy. cases pending in said Sy.No.329 of
Gajularamaram Village. Hence,
required NOC from the competent
authority i.e. the District Collector.
2) To submit the original scanned
copy of approved LRS proceedings
and plans.
3) To submit the katcha layout
copy earmarking the proposed site
and master plan road.
6. Petitioner contends that insofar as the above said objection/shortfall
noted in the impugned proceeding, this Court had an occasion to consider the
same in W.P.No.43031 of 2022 dated 01.12.2022. In the said judgment, while
considering the application for grant of building permission, this Court had
held as to what aspects need to be looked into while granting building
permission.
7. It is also contended that the Writ Appeal, being W.A.No.155 of 2023,
preferred by the Municipal Authorities against the order of the learned Single
Judge in W.P.No.43031 of 2022 dated 01.12.2022, had also been dismissed,
vide judgment dated 03.02.2023. It is further contended that the petitioner
stands on the same footing as that of the petitioner in the above said case,
and therefore, the shortfall/objection No.2, as noted above, holds no water.
8. Learned Standing Counsel appearing on behalf of respondent Nos.2 to
4, while referring to the counter-affidavit filed in the matter, submits that
insofar as objection No.2/shortfall noted in SIL is concerned, the same is no
longer res integra, in the light of the decision of the Division Bench of this
Court in W.A.No.155 of 2023. However, learned Standing Counsel would
submit that notwithstanding the said objection, the petitioner is required to
comply with all other shortfalls noted in the SIL dated 02.09.2022
9. Learned Standing Counsel would further submit that since much time
has elapsed after issuing the SIL, the application submitted by the petitioner
on 23.08.2022 is no more subsisting and the petitioner is required to make a
fresh application which will be considered by the authorities concerned afresh
without insisting on production of No-Objection Certification from the
competent authority i.e. District Collector, since the said issue has been settled
by virtue of the decision of the Division Bench of this Court in W.A.No.155 of
2023.
10. At this stage, learned counsel appearing for the petitioner submits that
the petitioner would comply with the other objections raised in the SIL, if the
application submitted by him earlier has not been closed by the authorities and
in case of its closure, he would make a fresh application enclosing therewith all
the relevant documents, including the shortfalls noted in the SIL, except NOC
from the District Collector.
11. Having regard to the submissions, made as above, this Court is of the
view that the petitioner can be directed to comply with the shortfalls as noted
in the SIL within a period of two (02) weeks from the date of receipt of a copy
of this order, if the application submitted by him for building permission on
23.08.2022 has not been closed by the respondent authorities, by the said
date. In the event, the said application submitted by the petitioner has been
closed, he is granted liberty to make a fresh application excluding the NOC
from the competent authority i.e. District Collector, and upon the petitioner
making fresh application, the respondent authorities shall consider the same in
accordance with law, without insisting on production of NOC from the District
Collector.
12. Subject to the above liberty and directions, the Writ Petition is disposed
of. It is made clear that this Court has not expressed any opinion on the merits
of the other objections. No order as to costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand
closed.
___________________
T. VINOD KUMAR, J
Date:04.09.2023
Note:
Furnish CC by 06.09.2023.
(B/o) GJ
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.21490 of 2023
04.09.2023
GJ
