This PIL challenged a letter permitting extension of time for multi-storeyed building construction against a government order allowing individual houses. The court found no merit as the order left house type open to the Society's choice and no objection was recorded. The petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE
AND
HON’BLE SRI JUSTICE S.V. BHATT
PIL No. 189 OF 2014
08-06-2015
Between:
Patan Mahaboob Khan
… Petitioner And
State of Andhra Pradesh, rep., by its Principal Secretary, Industries & Commerce (INF) Department, Secretariat, Hyderabad and four others
… Respondents
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE
AND
HON’BLE SRI JUSTICE S.V. BHATT
PIL No. 189 OF 2014
PC: (per the Hon’ble the Acting Chief Justice Dilip B. Bhosale)
This PIL challenges the letter dated 15-07-2013 issued by the 1st respondent permitting the 3rd respondent to accord extension of time up to 31-12-2014 for completing the construction of multi-storeyed residential building for remaining 205 beneficiaries of the 5th respondent – Society in the land measuring Acs.2.79 situated in Sy.Nos.301P, 285P and 286P of Ramchandrapuram Village and Mandal, Medak District, as being illegal, arbitrary and contrary to G.O.Ms.No.18, dated 04-02-2003 issued by the 1st respondent. The petitioner has also prayed for setting aside the letter dated 15-07-2013 and direction to the official respondents to forthwith stop the 5th respondent from proceeding with the construction of multi-storeyed building.
Learned counsel appearing for the petitioner, at the outset, invited our attention to G.O.Ms.No. 18, dated 04-02-2003 to contend that the Government cannot allow the 5th respondent – Society to construct multi-storeyed building contrary to the said GO. He invited our attention to paragraph 5 of the GO to contend that by this order, the Government allowed the 5th respondent – Society to construct individual houses in about 150 to 200 yards house plots. It is also mentioned in the GO that the members of the Society, it appears, at that stage, did not prefer multistoreyed or 1+1 houses and in view thereof, he submitted that it was wrong on the part of the Government in permitting to construct multi-storeyed building.
We have perused the GO dated 04-02-2003 carefully and we find in paragraph 5 clause (a) thereof leaving it open to the Society to construct the type of houses of their choice.
Keeping that in view and considering that the members of the Society do not have any objection for construction of
multi-storeyed building, we cannot assume that the construction of multi-storeyed building is without permission.
Hence, we find no merit in this petition. The petition is dismissed.
Miscellaneous petitions, if any, also stand disposed of.
DILIP B. BHOSALE, ACJ
S.V. BHATT, J
08-06-2015
ks
3 issues framed by the court
Whether the government order permitting multi-storeyed construction violates G.O.Ms.No.18 dated 04-02-2003 which allowed choice of house type.
Whether the letter dated 15-07-2013 issued regarding extension of time for construction is illegal and arbitrary.
Whether the petitioner's plea to set aside the letter and stop construction has merit.
Patan Mahaboob Khan
State of Andhra Pradesh
four others
DILIP B. BHOSALE
S.V. BHATT
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
