Telangana High Court
M/S. Amrutha Estates, Hyd vs Emerald Apartments Owners Assn ... on 5 September, 2023
Bench: Alok Aradhe, N.V.Shravan Kumar
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
W.A.Nos.2055 & 2072 of 2002; 1742 of 2004; and W.P.No.24768 of 1999
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Heard Mr. C.V.Mohan Reddy, learned Senior Counsel for the
appellant in W.A.Nos.2055 & 2072 of 2002; petitioner in
W.P.No.24768 of 1999; and respondent No.2 in W.A.No.1742 of
2004 (briefly 'the builder' hereinafter).
2. Mr. G.Vasantha Rayudu, learned counsel for respondent
No.1 in W.A.No.2055 of 2002 (briefly 'flat owners association'
hereinafter).
3. Mr. Katika Ravinder Reddy, learned Standing Counsel for
Greater Hyderabad Municipal Corporation (GHMC) for
respondent No.3 in W.A.No.2055 of 2002; respondents No.1 & 3
in W.P.No.24768 of 1999; and respondent No.1 in W.A.Nos.2072
& 1742 of 2004.
4. Ms. Nausheen Najm Us Sahar, learned counsel representing
Mr. M.V.Durga Prasad, learned counsel for respondent No.4 in
W.A.No.2072 of 2002.
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5. Mr. Pasham Krishna Reddy, learned Government Pleader for
Municipal Administration and Urban Development for respondent
No.2 in W.A.Nos.2055 & 2072 of 2002; respondents No.2 and 3 in
W.P.No.24768 of 1999; and respondent No.4 in W.A.No.1742
of 2004.
6. These intra court appeals have been filed against common
order dated 15.11.2002, passed by the learned Single Judge in
W.P.No.14807 of 1990, 15374 of 1997 and 11648 of 1999, by
which learned Single Judge has dismissed the writ petitions
preferred by the builder and has allowed the writ petition preferred
by flat owners association.
7. Learned Senior Counsel appearing for the builder submits
that the builder is bound by the concession given by him before
this Court with regard to parking area as recorded in the order
dated 16.02.2022. He further submits that in compliance of the
order dated 16.02.2022, the Commissioner of GHMC has
submitted a report and the writ appeals and the writ petition be
disposed of with the direction to the Commissioner of GHMC to
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pass a final order in terms of the report submitted by him within a
fixed time limit.
8. On the other hand, learned Standing Counsel for GHMC
submits that suitable orders in terms of the report shall be passed
by the Commissioner of GHMC within such time limit as may be
directed by this Court.
9. We have considered the submissions made on both sides and
have perused the report.
10. In the report, it has been stated that pursuant to the order
dated 16.02.2022, the builder has submitted a representation
dated 23.02.2022 along with plans showing existing constructed
blocks- A, B & C in Survey No.177 situated at Punjagutta,
Hyderabad and proposed blocks D & E.
11. It has further been stated in the report that the site has been
inspected on 28.02.2022 and plans have been examined with the
ground position. The details have been mentioned in para 6 of the
report.
12. It has also been pointed out in the report that the builder has
not indicated park area in the plans, which were submitted
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on 23.02.2022 and that an open land is available towards North-
East (Block D) to an extent of 1102.15 square meters. As per site
situation, land towards North-West corner (Block E) is available to
the extent of 1260 square meters, which is covered with slabs
consisting of two levels (G+1), which is being used for parking.
13. The decision on the representation submitted by the builder
has to be taken by the Commissioner, GHMC.
14. In view of consensus arrived at between the learned counsel
for the parties and in the fact situation of the case, the appeals and
the writ petition are disposed of with the direction to the
Commissioner, GHMC to consider and decide the representation
dated 23.02.2022, submitted by the builder, in accordance with law.
15. It is clarified that this Court has not expressed any opinion
on merits on the claim of the builder as the decision has to be taken
by the Commissioner, GHMC.
16. Needless to state that the Commissioner, GHMC shall hear
all the stakeholders and shall decide the representation
dated 23.02.2022 submitted by the builder, by a speaking order,
within a period of six weeks from today.
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17. The appeal is, accordingly, disposed of. No costs.
As a sequel, miscellaneous petitions, pending if any, stand
closed.
__________________
ALOK ARADHE, CJ
_______________________
N.V.SHRAVAN KUMAR, J
Date: 05.09.2023
LUR
