Telangana High Court
Nandagiri Cooperative Housing Society ... vs The State Of Telangana on 4 August, 2025
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
W.P. No.22779 OF 2024
ORDER:
Heard Mr. K.Raghava Charyulu, learned counsel for the
petitioner, Mr. Midde Arun Kumar, learned Standing Counsel
appearing for respondent Nos.2 to 4 and Mr. D.Prakash Reddy,
learned Senior counsel representing M/s R.S. Associates, learned
counsel for respondent No.5 and Sri V.Narasimha Goud, learned
Standing Counsel appearing for 6th respondent i.e. Hyderabad
Metropolitan Development Authority.
2. This writ petition is filed to direct the respondents to act upon
the vigilance report vide No.11 (C.No.400/V&E/D1/2024) dated
18.06.2024 which was submitted to the 2nd respondent -
Commissioner, Greater Hyderabad Municipal Corporation(GHMC)
pursuant to the complaint given by the petitioner society dated
27.03.2024, for a consequential direction to respondents to demolish
all illegal constructions carried out in Plot No.1, Sy.Nos.3/2, 4/7, 6,7/P
and 403/10S and 120 New, Nandagiri Hills, Hyderabad.
3.This Court heard the matter and reserved for judgment on
06.11.2024. Learned counsel for the petitioner has filed a copy of
order dated 23/24.01.2025 of 2nd respondent. Therefore, the mater was
reopened suo-moto to hear the parties and listed on 03.02.2025. It was
further listed on 04.02.2025, on which date, the matter was heard and
reserved again. It is posted today for pronouncement of judgment.
Today it is brought to the notice of this Court by Sri
K.Raghavacharyulu, learned counsel for the petitioner and Sri
D.Prakash Reddy, learned Senior Counsel appearing for 5th
respondent, with regard to appeal filed by 5th respondent vide
M.A.No.17 of 2025, common order dated 04.07.2025 in I.A.No.196
and 195 of 2025 in M.A.No.17 of 2025 of the Chief Judge, City Small
Causes Court, and that 5th respondent filed CRP No.2306 of 2025.
Challenging the said order, they have also brought to the notice of this
Court with regard to order dated 11.07.2025 and furnished copies of
the said orders. The same are also referred and considered in the
present order.
4. The lis involved in the present writ petition has a checkered
history.
5. The undisputed facts are that Respondent No.6 has conducted
auction of plots to an extent of Ac.4.695 guntas situated at Shaikpet,
Jubilee Hills, Hyderabad. In the e-tender notification the description
of property is mentioned as follows:
i) HMDA has developed a lay out by the name of Nandagiri Hills,
at Shaikpet, the site is located in the midst of posh Jubilee Hills
area and is about 1 K.M., away from Jubilee Hills Check Post
and about 5 to 6 kms, from Punjagutta Cross Roads. It is an
elevated place with good panoramic view of the city including
Durgam Cheruvu, Hi-Tech City and near to the K.B.R. Park
where HMDA has developed 5 K.Ms, length of walkers
pathway with good garden around the Chiran Palace, Apollo
Hospital, Bharatiya Vidya Bhavan at Jubilee Hills. All the
developed plots have been disposed and now only (1) one plot
to an extent of 4.695 acres is proposed to be disposed.
ii) 5th respondent participated in the said e-auction and stood as
successful bidder. On receipt of total sale consideration of
Rs.85,70,14,000/- the 6th respondent has executed a registered
sale deed bearing document No.4737 of 2012 in favour of 5th
respondent company. In the schedule of the said sale deed
details of the said property are mentioned as follows:-
iii) Schedule -1: Plot No.1, Nandagiri Hills, in T.S.No.3/P, 4/P,5/P,
6/P and 7/P, Block-D, Ward No.9 (New Ward No.8, Block-2),
(old Sy.No.403/P), Shaikpet Village and Mandal, Hyderabad,
admeasuring 4.748 acres or 19213.63 sq.meters and is bounded
by North: Plots of Jubilee Hills Co-operative House Building
Society, South: 50'0" wide Nandagiri Hills Road, East: Plots of
Jubilee Hills Cooperative House Building Society and
A.P.Women's Co-operative Finance Corporation and West:
Plots of Nandagiri Hills House Building Society (Part), GHMC
Park and 50' wide approach road.
iv) The State Level Environment Impact Assessment Authority
(SEIAA) vide order No. SEIAA/AP/HYD-47/2013/2261, dated
10.07.2013, has issued environmental clearance, dated
10.07.2013, for construction of total built up area of
1,38,785.34 sq.meters.
v) 5th respondent has obtained building permit order vide File
No.27688/28/03/2013, Permit No.26858/HO/CZ/Cir-10/2013/
dated 03.08.2013 from the Commissioner, GHMC i.e. 2nd
respondent for construction of ground+4 upper floors for
Residential Apartment, Commercial and Retail/Hotel Building,
5 to 7 cellars for parking.
vi) The petitioner society has submitted a letter dated 26.07.2014 to
2nd respondent with a request to re-examine the permission
granted in favour of 5th respondent for commercial and retail
use as well as luxury hotel and also advise 5th respondent to
look for an alternative approach road to their site so that the
peaceful atmosphere can be maintained in the existing
residential colony and the internal roads of a small society not
used by the commercial complexes.
vii) The petitioner also requested 2nd respondent to remove
the encroachments in the petitioner society, re-build retaining
wall and maintain the status quo till such time, an alternative
approach road is found.
viii) Sri G.Amerender Reddy, has purchased the land
admeasuring 411 sq.yards (343.64 sq.meters) along with
structure admeasuring 150 sft. bearing Plot No. M.No.8-2-
293/82/A/1355-G1 situated in Jubilee Hills Cooperative House
Building Society Limited (for short, 'JHCHBSL') in
Sy.No.(old) 403/1, new 120 of Shaikpet and Sy.No.102/1 of
Hakimpet Village within the limits of GHMC, road No.45,
Jubilee Hills, Hyderabad, under a registered sale deed bearing
document No.1697 of 2015, dated 10.04.2015 from Dr.
Ramasahayam Venkat Reddy, s/o R.Lakshminarasimha Reddy.
ix) It is apt to note that authorized representative of 5th respondent
i.e. Sri P.Obul Reddy, s/o Thimma Reddy is a witness to the
said registered sale deed.
x) The petitioner has submitted another representation dated
11.03.2019 to 2nd respondent with the same request.
6. The 5th respondent society has obtained permission of
reference (TOR) vide order No. SEIAA/TS/OL/RRD-387/2019, dated
07.11.2019 from the SEIAA in terms of SEIAA) notification, 2006
under the Environment (Protection) Act, 1986, for construction of
commercial complexes with built up area of 1,85,457.55 sq.meters
with 7 stilts +cellar + 10 upper floors. Environmental clearance was
issued in favour of 5th respondent vide order No. SEIAA/TS/OL/Hyd-
34/2019-235, dated 18.12.2019 by SEIAA.
7. 5th respondent has also obtained environmental clearance
vide order No. SEIAA/TS/OL/Hyd-34/2019-235, dated 18.12.2019,
revised Environmental clearance vide order No. SEIAA/TS/OL/Hyd-
53/2020-636, dated 19.12.2020 by SEIAA, for construction of
commercial and hotel construction project, total plot area of about
19557.28 sq.meters, out of that, area affected by road widening is
103.28 sq.meters and green area is 2.005.20 sq.meters. The total built
up area is 1,59,394.825 sq. meters for construction of hotel with 5
basement (Mech) + Ground + 10 upper floors. The project consists of
Hotel-5 Basement (Mech) + Ground + 10, commercial with 5
Basement (Mech) + Ground + parking area to be provided is
59,893.59 sq.meters (54%) Basement (stack parking in 1,2,3,4
basements) 97% to park about 1602 four wheelers and 712 two
wheelers. The amenities to be provided include Sewage Treatment
Plant (STP), community center, MSW Segregation point. The total
power requirement of the project will be met from TSCPDCL. In case
of power failure, power backup shall be provided through D.G.sets of
7 x 2500 KVA capacities which will be enclosed type.
8. 5th respondent has purchased the property admeasuring 455
sq.meters (380.38sq.meters) of land along with building comprising of
ground floor (1760 sq.ft), 1st floor (2200 sq.ft), second floor (2200
sq.ft) total admeasuring 6160 sq.ft., and all structures and extensions
appurtenant to the building situated in plot No.1355-G1, bearing
M.No.8-2-293/82/A/1355/G1/A, plot No.1355-G1 bearing M.No.8-2-
293/82/A/1355/G1/B, plot No.1355-G1 bearing M.No.8-2-293/82/A/
1355/G1/C in Sy.No.403/1(old), 120(New) of Shaikpet village and
102/1 Hakimpet village, situated within the approved layout of
JHCHBSL, Hyderabad, under a registered sale deed bearing document
No.4953/2021, dated 29.07.2021 from Mohd. Sajid Pasha and Mrs.
Najma Unnisa.
9. 5th respondent has obtained revised building permit order
vide File No.285171/30/06/2020/HO, Permit No.53622/HO/CZ/Cir-
10/2016, dated 06.08.2021 for construction of Ground + 5 Upper
floors, Cellar + 7 parking residential apartment, commercial and
retail/Hotel Building.
10. It has also obtained No Objection Certificate for height
clearance from Airport Authority of India and it is valid upto
26.10.2029.
11. It has also obtained amended Environmental clearance vide
order No. SEIAA/TS/OL/Hyd-81/2021, dated 03.11.2021 for
construction of total plot area of plot 19,937.70 sq.meters, Net Plot
area of the plot, 19,716.70sq.meters, total built up area including
parking 2,09,620 sq.meters. the project consistent of hotel (7stilts+ED
+10 Floors +2 TDR Floors , Commercial (7 Stilts+ED+10Floors +2
TDR Floors),parking area to be provided is 65.131.00sq.meters in 7
Stilt floors to park about 1250 four wheelers and 650 two wheelers.
The amenities to be provided include Sewage Treatment Plant
(STP),Community Centre, MSW Segregation point. The total powe4
requirement of the project will be met from TSSPDCL. In case of
power failure, power backup shall be provided through D.G. sets of
8x2500 KVA capacities, which will be enclosed type.
12. It has also obtained revised NOC dated 18.11.2021 from the
Telangana State Disaster Response & Fire Service Department (for
short, 'TSDR & FSD').
13. 5th respondent has also obtained revised building permit
order vide File No.004308/GHMC/2383/KHB1/2021-BP, Permit
No.2039/GHMC/ KHB/2022-BP, dated 17.02.2022 for construction of
7 Stilts + one Ground + 12 Upper Floors in the subject property.
14. It has also obtained revised Environmental clearance from
Airport Authority of India dated 13.10.2022.
15. Smt. Maddula Umadevi had filed W.P.No.39111 of 2022
seeking cancellation of revised building permit order dated 17.02.2022
issued by 2nd respondent in favour of 5th respondent.
16. Vide order dated 20.10.2022, this Court disposed of the said
writ petition with certain directions to the GHMC and its officials
including a direction that permission is granted to the 5th respondent
and thereafter basing on the application made by the writ petitioner
therein, the respondent corporation has referred the matter to the
Indian Institute of Technology, Hyderabad (IIT), and its report would
reveal that if the deep excavation in the manner in which is going on,
it would on impact on the neighbours' building and the GHMC just
like that cannot plead or keep on requesting 5th respondent herein to
hear their advises and they have the authority and power to take action
against 5th respondent.
17. With the said observations, this Court disposed of the said
writ petition directing the GHMC to take appropriate action as per the
provisions of the GHMC Act particularly Section 461 of the Act
against 5th respondent herein. The entire exercise shall be completed
within four (4) weeks from the date of receipt of a copy of the said
order.
18. Feeling aggrieved and dissatisfied with the said order, 5th
respondent preferred an intra - Court appeal vide W.A.No.720 of
2022 under Clause 15 of the Letters Patent and a Division Bench of
this Court vide order dated 04.11.2022, disposed of the said appeal
with the following modification:-
" GHMC and its officials may consider taking necessary steps in
accordance with law on the grievance expressed by respondent
No.1/writ petitioner but only after issuing notice and giving
opportunity of hearing to the affected parties. Let such decision
be taken within a period of six (6) weeks from the date of receipt
of copy of that order."
19. In compliance with the said order of the Division Bench,
vide letter No.04308/TPS/GHMC/2022/09, dated 3/4.01.2023, 2nd
respondent directed the appointment of 'Construct Associates' for
supervision of the work on the site and 5th respondent shall pay the
expenses to the said Associates and 5th respondent shall take up the
excavation and construction of retaining wall as per the
recommendations of IIT, Hyderabad under the supervision of the said
'Construct Associates' etc.
20. 5th respondent has obtained revised building permit order
vide File No.005792/GHMC/2880/KHB1/2023/BP, Permit No.3600/
GHMC/KHB/2023/BP, dated 26.09.2023, for construction of
commercial building consisting of 1 Cellar + 5 Stilts and 13 upper
Floors.
21. The petitioner Society and JHCHBS filed a writ petition
vide W.P.No.29615 of 2023 to declare the action of GHMC and other
respondents therein in approving floors of 5th respondent herein as
arbitrary and for consequential direction to 5th respondent herein not to
allow construction of commercial complex in the subject property.
Thereafter, the petitioner society withdrew the said writ petition and
thereafter, the said writ petition was dismissed as withdrawn on
29.11.2023 with liberty to the writ petitioner to avail remedies
available in law.
22. Thereafter, the petitioner society has filed W.P.(PIL) No.87
of 2023 to declare the action of respondents therein in approving plan
of unofficial 5th respondent as arbitrary and for consequential direction
to respondents therein not to allow the construction of commercial
complex in the subject property. Vide order dated 21.02.2024, a
Division Bench of this Court dismissed the said writ petition on
considering the submission made by the petitioner's counsel that in
respect of the relief claimed by the writ petitioner, it has an alternative
efficacious remedy under Section 450 of GHMC Act, 1995 and
Section 161(h), and 161 (i) of the National Green Tribunal Act, 2010.
23. The petitioner society has filed an application vide
O.A.No.179/2024 (SZ) before the National Green Tribunal at Chennai
(SZ). Thereafter, it withdrew the said O.A. and therefore, the said
O.A. was dismissed as withdrawn vide order dated 30.07.2024.
24. Sri Vedire Sri Ram and Smt. Yarlagadda Madhavi, filed a
suit vide O.S.No.912 of 2024 against 5th respondent seeking perpetual
injunction. They have also filed I.A.No.211/2024 in the said suit
seeking temporary injunction. Vide order dated 28.03.2024, learned
XXI Junior Civil Judge, City Civil Court, Hyderabad, dismissed the
said I.A.No.211 of 2024.
25. The Deputy Commissioner, Circle-18, GHMC, has issued
show cause notice, dated 19.03.2024 to 5th respondent alleging that 5th
respondent is undertaking construction during nights causing
inconvenience to the neighbours of the subject property and also
unauthorizedly constructing a ramp connecting the stilt floors in the
setback area, not maintaining mandatory setbacks in southern side
towards petitioners society. The Deputy Commissioner, GHMC,
directed 5th respondent to stop the construction activity temporarily
until further orders.
26. Without mentioning time period to submit explanation, the
Deputy Commissioner GHMC, stated that if 5th respondent fails to
show cause within the stipulated time, the unauthorized portion/
construction which is in deviation to the revised building permit order
shall be removed/altered or amended/pulled down by the GHMC on
the presumption that 5th respondent has no cause to show or no
explanation to offer and the expenses thereof shall be recovered from
5th respondent.
27. 5th respondent has filed W.P.No.8089 of 2024 challenging
the said show cause notice.
28. Vide order dated 23.03.2024, this Court disposed of the said
writ petition directing 5th respondent to appear before 2nd respondent
on 02.04.2024 at 3.00 P.M. for personal hearing and make oral
submissions, 2nd respondent shall pass speaking order on or before
10.04.2024 on consideration of the explanation/representation
submitted by the petitioner therein on 21.03.2024 as well as the oral
submissions, if any, made on 03.04.2024.
29. The petitioner society has submitted a complaint dated
27.03.2024 to the Director General of Police (Vigilance &
Enforcement), V&E Department, Hyderabad to investigate the illegal
acts of public servants of GHMC.
30. Director General (FAC) (V&E) has submitted a report dated
18.06.2024 to 1st respondent with the following recommendations:-
i. To take action as per the Table 1 supra and also to take action as per
the Table-2 supra,
ii. To take necessary action against M/s. Net Net Ventures Pvt. Ltd. for
the deviations committed.
iii. To issue necessary instructions to the concerned Officials to conduct
mandatory field inspection in respect of Multi-Storied Buildings
permissions.
iv. To issue necessary instructions to the concerned to verify all the
documents, conduct of field inspections and cross check the field
measurement with earlier permitted measurements before issue of
revised permit Orders.
v. Remove all deviations following due process.
vi. Follow guidelines of Environmental Clearance as envisaged vide
Orders No. SEIAA/TS/OL/HYD81/2021, dated 03.11.2021 and
other guidelines in vogue.
vii. To issue necessary instructions for strict implementation of
guidelines issued by the Ministry of Environment and Forests, dated
14.09.2006 under sub-rule (3) of Rule 5 of the Environment
Protection Rules, 1986 to the Officials.
31. In compliance with the order dated 23.04.2024 in
W.P.No.9386 of 2024, the Deputy Commissioner has passed speaking
order dated 27.04.2024, directing the 5th respondent not to proceed
with the unauthorized construction and remove the deviations made
therein within 15 days from the date of receipt of the said notice.
32. 5th respondent had filed W.P.No.9836 of 2024 challenging
the said speaking order dated 10.04.2024. The same was dismissed as
withdrawn on 23.04.2024 with a liberty to work out remedies open to
5th respondent, challenging the said speaking order dated 10.04.2024.
33. Deputy Commissioner, Circle-18, Jubilee Hills has passed
another final speaking order dated 25.05.2024 directing the 5th
respondent to stop construction and remove the deviations as stated in
the said order within 15 days from the date of receipt of a copy of the
said order.
34. 5th respondent preferred appeals vide M.A.Nos.54 and 58 of
2024 in terms of Sections 654 and 655 of GHMC Act, 1955,
challenging the orders dated 10.04.2024 and final speaking order
dated 25.05.2024 of the Deputy Commissioner, Circle-18, GHMC.
Vide common judgment dated 18.07.2024, learned Chief Judge, City
Small Causes Court, Hyderabad, allowed the said appeals partly and
set aside the aforesaid speaking orders, remanded the matter back to
the Commissioner, GHMC to conduct a detailed enquiry and pass
orders in accordance with law after affording opportunity to the 5th
respondent and also consider the reports of technical Experts,
G.O.No.168, National Building Code memos issued by Principal
Secretary, Municipal Administration and Urban Development from
time to time and pass speaking orders within four (4)weeks from the
date of the said common judgment. There is no challenge to the said
common judgment by 5th respondent. Therefore, it has attained
finality.
35. Thereafter, the petitioner filed the present writ petition
seeking a direction to respondents to act upon the vigilance report
dated 18.06.2024 submitted to 2nd respondent. i.e. Commissioner,
GHMC and also for a consequential direction to the respondents to
demolish the illegal constructions carried out by 5th respondent in the
subject property.
FINDINGS OF THE COURT:-
36. Despite granting ample opportunity, GHMC has not filed
counter. Sri K.Siddharth Rao, learned Standing Counsel appearing for
GHMC has produced written instructions, dated 22.10.2024.
37. It is apt to note that there is no challenge to the said
Vigilance report dated 18.06.2024.
38. It is relevant to note that instead of implementing the said
recommendations, vide letter No.8643/TPS/HO/GHMC/2024, dated
10.10.2024, Ms. Amrapali Kata, the then Commissioner, GHMC
requested the Principal Secretary to Government, MA&UD to drop
further action on the report of the V&E Department, Hyderabad. She
has referred the details of permissions issued, amalgamation of plots,
30.0 mts height, TDR floors and action taken i.e. speaking order dated
10.04.2024. She has also placed reliance on the common judgment
dated 18.07.2024 in M.A.No.54 of 2024 and M.A.No.58 of 2024.
39. Vide proceedings No.22012/04/2024-AIS-1/2020, dated
09.10.2024, Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel and Training, Government of India, has
informed the Chief Secretary, Government of Telangana that Ms.
Amrapali Kata, IAS stands relieved from the State Government of
Telangana with immediate effect. She is to be directed to join the
State of Andhra Pradesh latest by 16.10.2024. Accordingly, she has
joined in the State of Andhra Pradesh.
40. During pendency of the present writ petition, 2nd respondent
has passed speaking order dated 23/24.01.2025 directing 5th
respondent to remove the deviations to the sanctioned/approved plan
and stop further construction work till removal of such deviations. 2nd
respondent also directed the Deputy Commissioner, Circle-18, to take
further course of action to remove the deviated portion.
41. In the light of the same, it is relevant to note that vide the
said common judgment, learned Chief Judge, City Small Causes
Court, while setting aside orders dated 10.04.2024 and 25.05.2024
directed the Commissioner, GHMC to conduct a detailed enquiry by
giving an opportunity to the appellant therein i.e. 5th respondent herein
and considered reports etc. Even then, she has requested the
Government to take further action on the report dated 18.06.2024.
42. In the said speaking order, 2nd respondent made the
following observations:-
The last permission/revised permissions were issued to the applicant
on 26.09.2023. The applicant has deviated the sanctioned / approved
plan as concluded by the Deputy Commissioner in the speaking order
Dt. 10-04-2024 and Final Speaking order Dated 27-05-2024 and the
details are as follows:
1. The respondent Corporation has issued building permission
showing driveway in setback area since the site is having undulating
terrain. Wherever a site is having undulated terrain access to building
floors at different levels is from natural levels / slope only. However
at the site under reference entire natural levels have been excavated
and there is no natural level / slope left on ground.
2. As per rule 13 (vii) of G.O.Ms.No. 168 M.A Dt.07.04.2012 For
parking spaces in basements and upper floors, ramps shall not be
allowed in mandatory setbacks including building line, however they
may be permitted in the side and rear setbacks after leaving minimum
7.0 Mts of setback for movement of fire-fighting vehicles. On perusal
of the sanction plan and ground position it is noticed that construction
of ramp has been undertaken at stilt levels towards Nandagiri hills
side in the area shown as driveway in the sanction plan which is
actually building setback area. As per rules building setback / stilt
driveway has to be open to sky. Hence the construction of ramp in the
setback area is against the sanction plan.
3. During the rounds of inspection, it is noticed that the petitioner is
proceeding with construction activity by laying footing, erecting
centering material and laying slabs and retaining walls in night times
apart from shifting the excavated material and dumping of
construction material which is causing inconvenience to the neighbors
which is violating the hearing order vide letter No.04308/
GHMC/TPS/2022/09 Dt.04.01.2023.
4. Not maintained the height of the building as per the sanctioned plan
and have deviated the same and constructed 5 Stilt Floors of 4.5
Meters height instead of 5 meters, constructed environmental deck of
4.5 meters instead of 6 meters and further constructed 7 floors
increasing the height of each slab above the stilt floor from sanctioned
3 meters to 4.5 meters and as such have exceeded the maximum
height permissible.
43. Challenging the said speaking order, 5th respondent has
preferred an appeal vide MA No.17/2025. It has also filed two
Interlocutory Applications vide I.A.Nos.196 and 195 of 2025 along
with the said appeal to suspend the speaking order, dated 24.01.2025
and restrain the respondent-Corporation from interfering with the
construction activity. Vide common order dated 04.07.2025, learned
Chief Judge, City Small Causes Court, dismissed the said
Interlocutory Applications and the said appeal is pending.
44. 5th respondent has filed a revision vide CRP No.2306 of
2025 challenging the said common order dated 04.07.2025 passed in
I.A.Nos.196 and 195 of 2025 in M.A.No.17 of 2015.
45. Vide order dated 11.07.2025, while directing to list the said
CRP on 25.07.2025, this Court directed the parties to maintain status
quo until further orders. The said revision is pending and the said
interim order is subsisting.
46. The aforesaid factual aspects would reveal that 5th
respondent has obtained a building permit order dated 03.08.2023 for
construction of 5 to 7 cellars + ground + 4 upper floors and revised
building permit order dated 06.08.2021 for construction of 5 to 7
cellars + ground + 4 upper floors and another revised building permit
order dated 17.02.2022 for construction of 7 stilts + 1 ground + 4
upper floors. Other revised building permit order dated 26.09.2023 for
construction of 1 cellar + 5 stilts and 13 upper floors. It has also
obtained environmental clearance and revised environmental
clearance from SIWAA. There is deviation of built up area and floors.
47. It is the specific contention of the petitioner herein that 5th
respondent had obtained aforesaid environmental clearance, Fire
NOC, NOC from AAI and building permit order and revised building
permit orders by way of suppression of fact and also in violation of
building permits and Regulations-II issued by the Government vide
G.O.Ms.No.363, dated 21.08.2010, proceedings with regard to
amalgamation of plots is also illegal. The same is also in violation of
the G.O.Ms.No.305, dated 07.04.2017. According to the petitioner,
the said building permit order/revised building permit orders are prior
to G.O.Ms.No.68, MA, dated 12.04.2010
G.O.Ms.No.4311/Plg.II/2019, dated 16.08.2019. G.O.Ms.No.42,
dated, Memo No.64/PLGII/2018, dated 25.09.2018.
48. According to the 5th respondent, it has obtained aforesaid
building permit order and revised building permit orders from GHMC
strictly in accordance with the procedure laid down under law. There
is no irregularity. It is proceeding with the construction strictly in
accordance with the said building permit orders.
49. According to the writ petitioner, 5th respondent has obtained
the aforesaid building permit order and revised building permit order
including environmental clearance, fire NOC, NOC from AAI in
accordance with the procedure laid down under law. There is no
suppression of any fact. Both the petitioner and 5th respondent filed
the documents in support of their claims. GHMC has also filed
counter.
50. Learned counsel for the petitioner, learned Standing
Counsel appearing for GHMC, learned Senior Counsel appearing for
5th respondent made their submissions extensively.
51. As discussed supra, the petitioner filed the present writ
petition seeking a direction to respondents to act upon the vigilance
report dated 18.06.2024. Therefore, there is no need of considering the
said documents extensively since there is no challenge to the said
vigilance report dated 18.06.2024 by 5th respondent.
52. Sri D.Prakash Reddy, learned Senior Counsel appearing for
5th respondent would contend that the said vigilance report is behind
the back of the 5th respondent and it is in violation of the principles of
natural justice. However, 5th respondent has not taken steps to
challenge the same. It attained finality. Therefore, the petitioner filed
the present writ petition seeking a direction to act upon the said
vigilance report.
53. As discussed supra, during pendency of the present writ
petition, 2nd respondent has passed speaking order dated
23/24.01.2025 directing 5th respondent to remove the unauthorized
construction. He has mentioned the irregularities committed by 5th
respondent specifically in the said order. He has directed the Deputy
Commissioner, Circle-18, to take further course of action in
accordance with law for removing the deviated portion.
54. Challenging the said order, 5th respondent had preferred an
appeal vide M.A.No.17 of 2015. It has filed Interlocutory
Applications to suspend the said speaking order, and to restrain the
GHMC authorities from interfering with the construction were
dismissed by the Chief Judge, City Small Causes Court, Hyderabad.
5th respondent has filed a revision in CRP No.2306 of 2025. Vide
order dated 11.07.2025, this Court directed the parties to maintain
status quo. CRP is pending.
55. As discussed supra, in the said speaking order dated
23/24.01.2025, the 2nd respondent has specifically held with regard to
the deviations/violations committed by 5th respondent in obtaining
building permit orders, environmental clearance, fire NOC, NOC from
AAI and construction made in deviation to the aforesaid building
permit orders. However, there is no reference to vigilance report dated
18.06.2024 of V&E. Vide the aforesaid vigilance report, the Director
General (FAC) (V& E), and Enforcement Officer, Principal Secretary
to Government made the aforesaid recommendations. There is no
consideration of the said recommendation by 2nd respondent in the
speaking order, dated 23/24.01.2025. However, the said speaking
order is under challenge in appeal vide M.A.No.17 of 2025 and it is
pending.
56. It is also the specific contention of the petitioner herein that
as per the bye-laws, the plot allotted shall be used only for
construction of a dwelling house and appurtenances for living. 5th
respondent has purchased the plot in the said society and claiming that
he has amalgamated the building purchased by it in the open auction
conducted by 6th respondent in the year 2012.
57. It is also relevant to note that vide proceedings dated
09.10.2024, the Government of India, directed the then
Commissioner, GHMC, Ms. Amrapali Kata, to relieve from the
Government of Telangana with immediate effect and directed to join
in the State of Andhra Pradesh latest by 16.10.2024. Even then, vide
proceedings dated 10.10.2024, she has requested the Government to
drop further action on the report of Vigilance and Enforcement
department, Hyderabad citing orders dated 18.07.2024 in M.A.No.54
and 55 of 2024. The said appeals were filed by the 5th respondent
challenging the speaking order and final speaking order dated
10.04.2024, 25.05.2024. In both the said orders, there is no
consideration of vigilance report dated 18.06.2025. In fact, the said
vigilance report is after the said speaking order dated 10.04.2024 and
final speaking order dated 25.05.2024 of the 2nd respondent. Without
considering the same, the then Commissioner, GHMC requested the
Government to drop further action on the report of the V&E
Department.
58. As discussed supra, this Court vide order dated 11.07.2024
in CRP No.2306 of 2025, this Court directed the parties to maintain
status quo.
59. During the course of hearing, it is brought to the notice of
this Court that 5th respondent is not proceeding with the construction.
60. The aforesaid facts would reveal that there are serious
allegations against the 5th respondent herein. It has obtained the
aforesaid building permit order, revised building permit orders,
environmental clearance, NOC from fire, NOC from AAI, by way of
misrepresentation of facts and it is proceeding with the construction in
deviation to the aforesaid building permit orders. The same are in
violation of the aforesaid G.Os., memos, regulations etc. The said
aspects were considered by Vigilance Department and vide report
dated 18.06.2024, Vigilance Department made the aforesaid
recommendations to the 1st respondent. There is no consideration of
the said recommendations by the 1st respondent. Therefore, the
petitioner is seeking a direction to the 1st respondent to act upon the
said report and recommendations of Vigilance Department.
61. As discussed supra, at the cost of repetition, the said report
attained finality and there is no challenge to the same by 5th
respondent. Even in the speaking order dated 23/24.01.2025, there is
no consideration of the said report.
62. In the light of he same, this writ petition is disposed of
directing the 1st respondent, Principal Secretary, Municipal
Administration and Urban Development to conduct detailed enquiry in
the allegations made by the petitioner, the aforesaid aspects and
submit report within two months from the date of receipt of a copy of
this order.
62-i. The principal Secretary shall also call for the explanation
from the then Commissioner, GHMC, Ms. Amrapali Kata, and also
consider proceedings in M.A.No.17 of 2025, CRP No.2306 of 2025,
status quo orders granted by this Court, take action and submit report.
62-ii. For compliance, call on 06.10.2025.
62-iii. At this stage, Sri D.Prakash Reddy, learned Senior
Counsel appearing for 5th respondent sought liberty to 5th respondent
to submit application/representation to 2nd respondent seeking
permission to proceed with construction, comply with the deficiencies
pointed out in the vigilance report dated 18.06.2024 etc. It is for the 5th
respondent to take steps in accordance with law subject to result of
M.A.No.17 of 2022 and CRP No.2306 of 2025.
62-iv. Learned Chief Judge, City Small Causes Court,
Hyderabad, shall consider the aforesaid aspects while deciding
M.A.No.17 of 2025 filed by 5th respondent.
_________________
K. LAKSHMAN, J
Date: 04-08-2025
Vvr.
