Telangana High Court
Maruti Nagar Residents Welfare ... vs The Secunderabad Cantonment Board, on 18 March, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
IN THE HIGH COURT OF TELANGANA AT HYDERABAD
W.P.NO.33974 OF 2023
AND
W.P.NO.4832 OF 2023
W.P.NO.33974 OF 2023
Between:
Smt B.Lalitha Devi and another
... Petitioners
And
The Union of India,
Director General Defence Estates and others
... Respondents
W.P.NO.4832 OF 2023
Between:
Maruti Nagar Residents Welfare Association
... Petitioner
And
The Secunderabad Cantonment Board
... Respondent
JUDGMENT PRONOUNCED ON: 18.03.2024
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
1. Whether Reporters of Local newspapers : Yes
may be allowed to see the Judgment?
2. Whether the copies of judgment may be
marked to Law Reporters/Journals? : Yes
3. Whether Their Lordships wish to
see the fair copy of the Judgment? : Yes
_________________
SUREPALLI NANDA, J
2
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THE HON'BLE MRS JUSTICE SUREPALLI NANDA
W.P.NO.33974 OF 2023
AND
W.P.NO.4832 OF 2023
% 18.03.2024
Between:
W.P.NO.33974 OF 2023
Between:
Smt B.Lalitha Devi and another
... Petitioners
And
The Union of India,
Director General Defence Estates and others
... Respondents
W.P.NO.4832 OF 2023
Between:
Maruti Nagar Residents Welfare Association
... Petitioner
And
The Secunderabad Cantonment Board
... Respondent
< Gist:
Head Note:
W.P.NO.33974 OF 2023
!Counsel for the Petitioner: Mr Vijay B.Paropakari
^ Standing counsel for R.1 to R.3: Mr K.R.Koteswera Rao
^Counsel for respondent No.4: R.Dheeraj Singh
W.P.NO.4832 OF 2023
Counsel for the petitioner: Mr R.Dheeraj Singh
Standing Counsel for Respondent : Mr K.R.Koteswera Rao
? Cases Referred:
3
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HON'BLE MRS JUSTICE SUREPALLI NANDA
W.P.NO.33974 OF 2023
AND
W.P.NO.4832 OF 2023
COMMON ORDER:
W.P.NO.33974 OF 2023
Respondent No.4 in W.P.No.33974 of 2023 is
petitioner in W.P.No.4832 of 2023. Respondent No.3 in
W.P.No.33974 of 2023 is respondent in W.P.No.4832 of
2. Heard Mr Vijay B.Paropkari, learned counsel
appearing on behalf of the petitioners and Mr K.R.
Koteshwar Rao, learned standing counsel appearing on
behalf of the respondents 1 to 3 and Mr R.Dheraj Singh,
learned counsel appearing on behalf of the 4th respondent.
3. The petitioners, Smt B.Lalitha Devi, Resident of
Nizamabad District and Thalla Rahul, R/o Bowenapally,
Secunderabad, approached the Court by filing the writ
petition No.33974 of 2023 seeking prayer as under:
""...to issue a Writ, direction or orders, more particularly a
Writ in the nature of mandamus, declaring the action of
the respondents more particularly that of the respondent
No 3 in informing petitioners that final building plan over
the subject plot cannot be released until the case in
W.P.No. 4832 of 2023 is over in spite of the fact is over in
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spite of the fact that permission was accorded to the
petitioner No.1 on 28.10.2023 as intimated petitioners vide
letter No.SCB/EB/PlotNo.41 /PADMANABHACHS/387/996
/SRPURAM dated 14.11.2023 is challenged in this writ
petition, as being arbitrary, illegal and violative of Articles
14, 19 (1) (g), 21 and 300-A of the Constitution of India
and consequently direct the respondent to issue plinth
checking certificate to enable the petitioner No.2 to
proceed with further construction over Plot No.41 over
which permission is accorded to G plus 2 and pass..."
W.P.NO.4832 OF 2023
4. Heard Mr R.Dheeraj Singh, learned counsel
appearing on behalf of the petitioner and Mr K.R.
Koteshwar Rao, learned standing counsel appearing on
behalf of the respondent.
5. The petitioner, Maruthinagar Residents Welfare
Association, Maruthinagar, Old Bowenapally,
Secunderabad, approached the Court by filing the writ
petition No.4832 of 2023 seeking prayer as under:
"to issue a writ in the nature of a writ of Mandamus or any
other appropriate writ, direction, order or orders declaring
the inaction of the Respondent in not taking action on the
encroachments and highhanded illegal constructions being
carried out against to the approved layout vide CBR
No.2(26) dt.09.08.1988 and the confirmed by the
Directorate Defence Estates, Southern Command, Pune
letter no. 304/NCA/ PADNABHA/CHS/B/DE dt.29.01.1989
in the park land and thereby illegal converting the open
space provided for overhead water tank abetting to the
Plot No. 1 and proposed road towards north at Sy.Nos.6, 8
and 9 of Maruthi Nagar Colony, Old Bowenpally,
Secunderabad, is illegal and void and against to the
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provisions of the Cantonments Act, 2006 and consequently
direct the Respondent to restore the park land and the
space provided for overhead water tank abetting to the
Plot No. 1 and proposed road towards north as per the
approved layout vide CBR.No.2(26) dt.09.08.1988 and
confirmed by the Directorate Defence Estates, Southern
Command, Pune letter no.304/NCA/ PADNABHA/CHS/B/DE
dt.29.01.1989 in the interest of justice."
6. PERUSED THE RECORD
A) The impugned letter dated 14.11.2023 issued by the
3rd respondent herein reads as under:
"In the above said subject, it is to inform that this office
has received several complaints from the Marutinagar
residents welfare Association regarding encroachment on
Park land and moreover there is a Court case filed by the
Welfare Association in W.P. No.4832 of 2023 which is
pending for adjudication.
Hence, the final building plan cannot be released
until the Court case is disposed. It is to inform that no
further construction of the subject site is allowed any
deviation in the matter shall be dealt according to the
Cantonments Act, 2006.
B) Counter affidavit filed by respondent No.4, and the
relevant paragraph Nos.7 and 10, reads as under:
has rightly withheld from releasing the final building
plan over Plot No.41 subject to outcome of
W.P.No.4832 of 2023 filed by us. The Petitioner who
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concealed the important material before this Hon'ble
Court with respect to approval from the Defense
Estates, Ministry of Defense (Southern Command
Pune Head Quarters) on the layout relied by them,
cannot expect this Hon'ble Court to approve illegal
construction. In case further construction is permitted,
number of other illegal purchasers from the illegal layout
will also seek parity with the Petitioner.
10. It is to submit that the Respondent No.3 finally gave
reply vide Lr.No.SCB/EB/3/34 dt.04-10-2022, without
answering material points and initiating action of illegal
encroachments and conversion of park into plot No.41 to
the complaint Dt.30-09-2022. And for the first time, it has
come to our knowledge through the reply notice issued by
the Respondent No.3 dt.04.10.2022, wherein they have
admitted to have approved a revised lay-out vide CBR
No.2(11) dated 12.06.1989, but they are silent with
respect to the confirmation of the revised lay-out from the
Director of Defense Estates, Ministry of Defense (Southern
Command, Pune Head Quarters), which is mandatory as
otherwise, the revised lay-out deems null and void and
cannot be enforced. Further, it is their own case that
the as per the revised lay-out, the park area is
shown as Plot No.41 and the area of Plot No.01 and
04 in the revised layout is reduced and as per their
survey based on our representation, they noticed
Plot No.01 and 41 are encroached and there is no
park land vacant as per the revised layout."
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C) Letter issued by the Cantonment Board dated 4th
October, 2022, reads as under:
Reference, your letters dated 01.07.2022 and 30.09.2022
received vide this office dated 01.07.2022 and
30.09.2022.
2. It is to inform that vide the letter cited under
reference you have requested for restoration of park area
in Maruthi Nagar Colony, Old Bowenpally, Secunderabad.
Upon receipt of the letter, the concern area engineer has
inspected that site and the following observations were
noticed:
(i). The proposed layout of Padmanabha CHS (Maruthi
Nagar) is initially sanctioned by the Secunderabad
Cantonment Board vide CBR No.3(26) dated 09.08.1988.
Subsequently, the Directorate Defence Estates, Southern
Command Pune, vide their office letter
No.304/NCA/PADNABHA/CHS/B/DE, dated 29.01.1989, has
approved the initial proposed layout.
(ii). Further, the said layout has been revised vide CBR
No.2(11) dated 12.06.1989.
(iii) As per the revised layout the portion of land which is
shown earlier as park in the proposed layout has been
shown as Plot No.41 admeasuring 233 sq. yards. The area
of Plot No.01 in the revised layout is reduced to 266 sq.
yds. from 444 sq. yds. to that of the initially proposed
layout. Similarly, the area of Plot No.4 in the revised
layout is reduced to 266 sq. yds. from 321 sq. yds. Thus,
adjusting the difference of reduced plot size of Plot No.1
and Plot No.4 to the park area and forming Plot No.41.
(iv) In this regard, it is pertinent to mention the fact that
the building permission for Plot No.1 admeasuring 266 Sq.
Yds. Was sanctioned by the Secunderabad Cantonment
Board vide CBR No.
3(1-33), dated 11.03.1996. Similarly, building permission
for Plot No.4 admeasuring 266 Sq. Yds. Was sanctioned by
the Secunderabad Cantonment Board vide CBR No.2(1-3),
dated 07.08.1990. It may also be noted that the plot
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No.41, in the said layout is also sanctioned by the
Secunderabad Cantonment Board vide CBR No.3(12),
dated 07.04.2022 admeasuring 233 Sq. Yds.
3. Based on your representation this office has further
conducted a survey and the following observations were
noticed in respect of encroachment on park land as per the
revised layout:
(i) As per the revised layout the park land is situated at
two locations in the layout plan, i.e. one adjacent to plot
No.41 and the other adjacent to plot No.1.
(ii) The park land adjacent to Plot No.41 is encroached
by three different plot owners i.e.
Shri M Mahender Yadav (Plot No.M), Shri M Maniah (Plot
No.N) and Shri Ilyas Sohaib (Plot No.O).
(iii). Similarly, the park land adjacent to Plot No. 1 in the
revised layout is now encroached by way of constructing
apartment in the name of Maruti Apartments (Sumitra
Builders),
(iv). Thus, from the above findings it may be noted
that there is no park land vacant as per the revised
layout.
4. The present sanction accorded to plot No.41 is
as per the revised layout of the Cantonment Board
and the area for which the building plan permission
is accorded is not forming the part of the park area
as per the revised layout."
D) Counter affidavit filed by respondent No.3 in
W.P.No.33974 of 2023 and the relevant paragraph Nos.4,
5, 6, and 7, read as under:
"4. As a reply to allegations in the Affidavit, the
answering Respondent No.3 most humbly submits that, the
Respondent No.3 had initially accorded sanction of layout
in the name of (Maruthi Nagar) Padmanabha Co-op.
Housing Society Limited in Sy.Nos.6, 8 and 9/part at
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Sitarampur Village, Secunderabad Cantonment vide CBR
No.3(26) dated 09.08.1988 and the same was confirmed
by the Director, Defence Estates, Ministry of Defence,
Southern Command, vide their letter dated 29.01.1989,
accordingly made house plots from 1 to 40 and park areas
as shown in the said layout, more precisely, in the said
layout, besides Plot Nos.3 & 4 and internal 30 feet road, a
triangle piece of land is shown as park area of the said
layout and besides Plot No.1, a small piece of land is
earmarked for water tank.
5. I further humbly submit that, the said layout has
been revised vide CBR No.2(11) dated 12.06.1989. As per
the Revised Layout, the portion of the land which is shown
earlier as a park in the original layout has been shown as
Plot No.41 Adm. 233 Sq. Yds. The area of Plot No.1 in the
revised layout is reduced to 266 Sq. Yds. from 444 Sq.Yds.
to that of initially proposed layout. Similarly, the area of
Plot No.4 in the revised layout is reduced to 266 Sq. Yds.
from 321 Sq. Yds. out of original layout, thus adjusting the
difference of reduced plot size of Plot No. 1 and Plot No.4
to the park area for forming Plot No.41. As per the revised
layout, the park land and open space are situated at two
locations in the layout plan i.e., one, adjacent Plot No.41
and the other adjacent to Plot No. 1.
6. I further humbly submit that, the park land adjacent
to Plot No.41 was encroached by three different persons
i.e., M. Manaiah, M. Mahendra Yadav and Ilyas Sohaib.
Similarly, open space earmarked for water tank situated
adjacent to Plot No.1 in the revised layout was also
encroached by way of construction of an apartment in the
name of Maruthi Apartments by Sumitra Builders. Upon
noticing the above said encroachments, the then Chief
Executive Officer in the capacity as an Estate Officer had
issued Notices under Sub-Section 1 and Clause (b)(ii) of
Sub-Section 2 of Section 4 of Public Premises (Eviction of
Unauthorized Occupants) Act, 1971, to those individuals
vide Notices dated 09.11.2022 for their eviction and the
enquiries are going on. These Notices are filed as
Documents No.1, 2 & 3.
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7. I further humbly submit that, pursuant to revised
layout, the Respondent Board had accorded sanction on
Plot No.41 in favour of Smt. B. Lalitha Devi for construction
of a residential building comprising Ground, First and
Second Floors. The sanction accorded in favour of
Petitioner No.1 vide CBR No.3(12) dated 07.04.2022 for
plinth construction. The said sanction is only a municipal
permission and it does not create any title on the subject
plot. Afterwards, the Petitioner No.1 addressed a letter to
the Chief Executive Officer and requested for inspection of
plinth level construction to release the next stage of the
sanctioned plan. In response to the same, I had addressed
a letter dated 14.11.2023 to Petitioner No.1 stating that
the Respondent No.4 had filed a Writ Petition in
W.P.No.4382 of 2023 regarding encroachment on park
land and the said Writ Petition is pending adjudication,
hence the final building plan cannot be released until the
Court case is disposed. Being aggrieved by the said letter,
the Petitioners filed the above said Writ Petition."
E) Counter affidavit filed by the respondent/
Cantonment Board in W.P.No.4832 of 2023, and in
particular, Paras 4, 5, 6 and 7, reads as under:
4. I humbly submit that, the respondent herein initially
accorded sanction of layout in the name of (Maruthi Nagar)
Padmanabha Co-op. Housing Society Limited in Sy.No.6, 8
& 9/part at Sitarampur Village, Secunderabad Cantonment
vide CBR No.3(26) dated 09.08.1988 and the same was
confirmed by the Director, Defence Estates, Ministry of
Defence, Southern Command, vide their letter dated
29.01.1989, accordingly made house plots from 1 to 40
and park areas as shown in the said layout, more
precisely, in the said layout, besides Plot Nos.3 & 4 and
internal 30 feet road, a triangle piece of land is shown as
park area of the said layout and besides Plot No. 1, a small
piece of land is earmarked for water tank.
5. I further humbly submit that, the said layout has been
revised vide CBR No.2(11) dated 12.06.1989. As per the
Revised Layout, the portion of the land which is shown
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earlier as a park in the original layout has been shown as
Plot No.41 Adm. 233 Sq. Yds. The area of Plot No.01 in the
revised layout is reduced to 266 SqYds. from 444 Sq.
yards, to that of initially proposed layout. Similarly, the
area of Plot No.4 in the revised layout is reduced to 266
sq.Yds. from 321 sq. yards out of original layout, thus
adjusting the difference of reduced plot size of Plot No.1
and Plot No.4 to the park area for forming Plot No.41. As
per the revised layout, the park land and open space are
situated at two locations in the layout plan i.e., one,
adjacent Plot No.41 and the other adjacent to Plot No.1.
6. I further humbly submit that, the park land adjacent to
Plot No.41 was encroached by three different persons i.e.,
M. Manaiah, M. Mahendra Yadav and Ilyas Sohaib.
Similarly, open space earmarked for water tank situated
adjacent to Plot No.1 in the revised layout was also
encroached by way of construction of an apartment in the
name of Maruthi Apartments by Sumitra Builders. Upon
noticing the above said encroachments, the then Chief
Executive Officer in the capacity as an Estate Officer had
issued Notices under Sub-Section 1 and Clause (b)(ii) of
Sub-Section 2 of Section 4 of Public Premises (Eviction of
Unauthorized Occupants) Act 1971 to those individuals
vide Notices dated 09.11.2022 for their eviction and the
enquiries are going on. These Notices are filed as
Documents No.1, 2 & 3.
7. I further humbly submit that, pursuant to revised
layout, the Respondent Board had accorded sanction
on Plot No.41 in favour of Smt.B. Lalitha Devi for
construction of a residential building comprising
Ground, First and Second Floors. The sanction
accorded in favour of Smt. B. Lalitha Devi vide CBR
No.3(12) dated 07.04.2022 for plinth construction.
The said sanction is only a municipal permission and
it does not create any title on the subject plot.
Afterwards, Smt. B. Lalitha Devi addressed a letter to
the Chief Executive Officer and requested for
inspection of plinth level construction to release the
next stage of the sanctioned plan. In response to the
same, I had addressed a letter dated 14.11.2023 to
Smt. B.Lalitha Devi stating that the writ petitioner
herein has filed the present Writ Petition regarding
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encroachment on park land and the said Writ
Petition is pending adjudication, hence the final
building plan cannot be released until the Court case
is disposed. Being aggrieved by the said letter, Smt. B.
Lalitha Devi filed a Writ Petition against the Writ Petitioner
herein and the Secunderabad Cantonment Board and
others, and the said Writ Petition is pending for
adjudication.
7. The case of the petitioners, in brief, in W.P.No.33974
of 2023 as per the averments made in the affidavit filed in
support of the present writ petition is as under:
a) The 1st petitioner purchased the subject property
Plot No.41 situated at Padmanabha Cooperative Housing
Society, Sitharampur, Secunderabad Cantonment,
Telangana. Vide registered sale deed 25.06.1996 vide
document No.941/1996, but, however, due to paucity of
funds the petitioner was constrained to sell the subject
property to the 2nd petitioner under a registered sale deed
dated 02.06.2022. The 1st petitioner prior to the said sale
itself had applied for construction permission on
20.10.2021 vide application No.8412 and after collecting
necessary charges from the 1st petitioner, the 3rd
respondent accorded permission on 28th October, 2022
duly sanctioning Plinth Building Plan for construction of
residential building (ground, 1st and 2nd floor) on Plot
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No.41 in Survey Nos.6, 8 and 9/part in Padmanabha CHS
Limited, Sitharampuram Village, Maruthinagar,
Secunderabad Cantonment, and as per the said plan the
petitioner was directed to complete the construction upto
plinth level within a period of three months from the date
of permission.
b) The 2nd petitioner vide letter dated 03.03.2023
requested the 3rd respondent to inspect the property and
issue plinth checking certificate and to the shock of the
petitioner the 3rd respondent issued the impugned letter
dated 14.11.2023 informing the 1st petitioner that the
Secunderabad Cantonment Board office received certain
complaints from the Maruthinagar Residents Welfare
Association regarding encroachment on park land and that
a Court case is filed by Maruthinagar Residents Welfare
Association in W.P.No.4832 of 2023 which is pending for
adjudication and hence, the final building plan cannot be
released until the Court case is disposed and further the
petitioner is informed that the petitioner cannot proceed
for any further construction of the subject site and any
deviation in the matter would be dealt according to the
Cantonment Act, 2006. Aggrieved by the same, the
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petitioner filed the present writ petition No.33974 of
2023.
8. The case of the petitioner in W.P.No.4832 of 2023, in
brief, as per the averments made in the affidavit filed in
support of W.P.No.4832 of 2023, reads as under:
a) The Padmanabha Housing Society Limited (TA
No.373) obtained approved layout from the Respondent
vide CBR No.3 (26) dated 09.08.1988 over the land in
Sy.No.6, 8 and 9 situated at Sitarampoor Village,
Secunderabad. Subsequently, the Directorate Defence
Estate, Southern Command, Pune, vide Letter
No.304/NCA/Padmanabha/CHS/B/DE, dated 29.01.1989
has approved the same. Accordingly, they made house
Plots i.e., Plot Nos.1 to 40 and the park areas was also
shown in the said layout and the same is named as
"Maruthi Nagar".
b) It is further the case of the Petitioner that the
Padmanabha Housing Society started selling the plots to
the prospective purchasers and in short time the plots
were sold and most of the plot owners have constructed
the houses after taking due permissions from the
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Respondent and also formed Welfare Association in the
name of Maruthinagar Welfare Association, to resolve any
common issues. Whileso, the Padmanabha Housing
Society Limited had obtained revised layout vide CBR
No.2(11), dated 12.06.1989 without Petitioner's
knowledge and consent. It is the specific grievance of the
Petitioner that the impugned revised layout is approved
by the Respondent clandestinely showing park area as
Plot No.41 which is against to the norms of the layout
rules due to which the entire lung space and recreation
park area was converted into additional plot No.41 and
hence the revised layout is illegal, unauthorised and
amounts to depriving the rights of plot owners enjoyment
of the park area. The petitioner gave a detailed complaint
dated 08.04.2021 and reminders dated 02.06.2022,
01.07.2022 and 30.09.2022 bringing it to the notice of the
Secunderabad Cantonment Board, the encroachment of
park and conversion of space for overhead water tank
abutting to plot No.1 and proposed road towards North
and in response to the said complaints the Petitioner
received a reply dated 04.10.2022 informing the
Petitioner that the Respondent Secunderabad Cantonment
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Board approved a revised layout vide CBR No.2 (11) dated
12.06.1989, but Secunderabad Cantonment Board,
however, is silent with respect to the confirmation of the
revised lay out from the Director of Defence Estates,
Ministry of Defense (Southern Command), Pune Head
Quarters, which is mandatory. It is further the case of the
petitioner that the action of the respondent in permitting
the encroachers to proceed with the construction effects
the Fundamental Rights of enjoyment of lung space to the
residents due to rise of illegal buildings. Aggrieved by the
same, the petitioner filed the present writ petition.
DISCUSSION AND CONCLUSION
9. A bare perusal of the letter dated 04.10.2022 vide
letter No.SCB/EB/3134 of the Secunderabad Cantonment
Board (referred to and extracted above) addressed to the
petitioner in W.P.No.4832 of 2023, in response to the
letters/representations dated 01.07.2022 and
30.09.2022, addressed to the Secunderabad Cantonment
Board, by the petitioner in W.P.No.4832 of 2023, clearly
indicate that on conduct of survey in pursuance to the said
representations the following observations were noticed
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in respect of encroachment on park land as per the
revised lay out:
i) As per the revised layout the park land is situated at
Two locations in the lay out plan, i.e. one adjacent to
Plot No.41 and the other adjacent to Plot No.1.
ii) The park land adjacent to Plot No.41 is encroached
by three different plot owners i.e. Shri M.Mahender
Yadav (Plot No.M) Shri M.Maniah (Plot No.N) and
Shri Ilyas Sohaib (Plot No.O).
iii) Similarly, the park land adjacent to Plot No.1 in the
revised layout is now encroached by way of
constructing apartment in the name of Maruti
Apartments (Sumitra Builders).
iv) Thus, from the above findings it may be noted that
there is no part land vacant as per the revised lay
out.
4. The present sanction accorded to Plot No.41
is as per the revised layout of the Cantonment
Board and the area for which the building plan
permission is accorded is not forming the part
of the park area as per the revised layout.
10. This Court takes note of the fact that the letter of the
petitioner referred to in W.P.No.33974 of 2023, dated
03.03.2023 addressed to the 3rd respondent to inspect the
subject property and issue plinth checking certificate has
been kept pending on the ground that a Court case filed
by the Welfare Association in W.P.No.4832 of 2023 is
pending for adjudication. A bare perusal of the contents
of the letter dated 04.10.2022 issued by the
Secunderabad Cantonment Board to the petitioner in
W.P.No.4832 of 2023 in response to its letters dated
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01.07.2022 and 30.09.2022 addressed to the Cantonment
Board clearly indicates the fact of encroachment of park
land adjacent to Plot No.41 and also the park land
adjacent to Plot No.1 in the revised layout and the counter
affidavit filed by the respondent in W.P.No.4832 of 2023
in particular, at para 6 of the said counter affidavit
indicates initiation of action by the Secunderabad
Cantonment Board under the Public Premises (Eviction of
Unauthorised Occupants) Act, 1971 against the said
encroachers and also it is evident from the record as per
the contents in the letter dated 04.10.2022 that the
sanction accorded to Plot No.41 in favour of the
petitioner in W.P.No.3397 of 2023 vide letter of the
Cantonment Board dated 28.10.2022 is as per the revised
layout of the Cantonment Board and the area of which the
building plan permission is accorded is not forming the
part of the park area as per the revised layout.
11. Taking into consideration the aforesaid facts and
circumstances of the case and also the averments made in
the counter affidavit filed by Secunderabad Cantonment
Board in W.P.No.4832 of 2023 and the averments made in
Counter affidavit filed by respondent No.3 in
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W.P.No.33974 of 2023 (referred to and extracted above)
and the contents of letter dated 14.11.2023 issued to the
petitioner in W.P.No.33974 of 2023 informing the
petitioner not to proceed for further construction on the
petitioners' subject site and further that the final building
plan cannot be released to the petitioner until
W.P.No.4832 of 2023 is adjudicated finally, this Court
opines that to put a quietus to the subject issue, it is
necessary to direct the 3rd respondent herein to give
notice to the petitioners in W.P.No.33974 of 2023 and also
the petitioner in W.P.No.4832 of 2023 within a period of
two weeks from the date of receipt of copy of this order
and initiate appropriate action, in accordance to law, on
petitioners in W.P.No.33974 of 2023, letter dated
03.03.2023 addressed to the Chief Executive Officer,
Secunderabad Cantonment Board, Secunderabad
pertaining to their request for inspection of plinth level
construction on Plot No.41 and release of next stage of
the sanction plan duly considering the observations in the
letter dated 04.10.2022 of the Chief Executive Officer,
Secunderabad Cantonment Board, that the present
sanction accorded to the Plot No.41 is as per the revised
SN,J
WP_33974 & 4832_2018
layout of the Cantonment Board and the area for which
the building plan permission is accorded is not forming
the part of the park area as per the revised lay out and
also consider the representations of the Petitioners in
W.P.No.4832/2023 pertaining to restoration of park area
in Marutinagar Colony, Old Bowenpally, Secunderabad
within 2 weeks from the date of receipt of the copy of the
order.
12. In view of above observations, W.P.No.33974 of
2023 and W.P.No.4832 of 2023 are disposed of. However,
there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ
Petition, shall stand closed.
________________________
SUREPALLI NANDA,J
Dated: 18.03.2024
Note: L.R.copy to be marked
b/o kvrm
