Disposed

Chunduri Ramaiah v. Greater Hyderabad Municipal Corporation

Telangana HC17 Jun 2015WP/22983/2014

Case brief

AI extract

What is this about?

The court disposed of the writ petition directing the Corporation to consider the petitioners' applications for building permission subject to statutory requirements and an undertaking not to claim equity if a pending land grabbing case turns against them.

What did the court decide?

Corporation directed to consider applications for building permission subject to statutory requirements and undertaking regarding future litigation.

Chunduri Ramaiah Vs Greater Hyderabad Municipal Corporation — Land Acquisition | Telangana HC (2015)

¶1

THE HON’BLE SRI JUSTICE P.NAVEEN RAO

¶2

WRIT PETITION No.22983 of 2014

¶3

Dated : 17.06.2015

¶4

Between:

¶5

Chunduri Ramaiah S/o.Late Basavaiah, Aged about 53 yrs, Occu : Business, R/o.Flat No.202, Block-A, Vishnu Splendor, Yellareddyguda, Hyderabad & 2 others

¶6

.. Petitioners And Greater Hyderabad Municipal Corporation, rep., by its Commissioner, Tank Bund Road, Hyderabad & 2 others

¶7

.. Respondents

¶8

This Court made the following :

¶9

THE HON’BLE SRI JUSTICE P.NAVEEN RAO

¶10

WRIT PETITION No.22983 of 2014

¶11

ORDER :

¶12

When the matter is taken up learned counsel for the petitioners as well as learned standing counsel representing Greater Hyderabad Municipal Corporation, states that the subject matter of the writ petition is covered by the decision of this Court in W.P.No.2454 of 2015.

¶13

2. Concerning the same issue, in W.P.No.8691 of 2008, the learned Single Judge, has taken into consideration a Judgment of the Division Bench of this Court in W.P.No.3973 of 2007 and batch, and the judgment of learned Single Judge in W.P.No.12861 of 2007. The operative portion of W.P.No.8691 of

¶14

2008 order reads as under :

¶15

“ Therefore, in the absence of any legal bar for granting building permission subject to the petitioner satisfying the requirements of Section 428 of the Hyderabad Municipal Corporation Act, 1955, the petitioner is entitled to grant of building permission. However, in the event of LGC case, which is pending before the Special Court, being decided against him, the petitioner shall not claim equities or compensation for cost of the building constructed by him. The respondents shall accordingly consider the application of the petitioner for granting building permission.”

¶16

3. In view of the direction contained in the order passed by the learned Single Judge, striking a balance between both the sides, it becomes appropriate for the Corporation to consider the applications of the petitioners also, subject to their satisfying the requirements of law and in particular that of Sections 428, 429 and 431 of the Hyderabad Municipal Corporations Act, 1955 and subject to their giving an undertaking to the 1^st respondent – Corporation that they will not claim any equities in the matter in the event the land grabbing case, which is pending before the Special Court, is decided against them, at any later point of time. Accordingly, the applications submitted by the petitioners may be taken up for consideration and appropriate orders there on be passed within a period of four (4) weeks from the date of receipt of a copy of this order.

¶17

4. With the above observations, this writ petition is disposed of. There shall be no order as to costs.

¶18

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

¶19

P.NAVEEN RAO,J

¶20

17^th June, 2015 Rds

Chunduri Ramaiah v. Greater Hyderabad Municipal Corporation

Case brief

What is this about?

What did the court decide?

Chunduri Ramaiah v. Greater Hyderabad Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

A. Somaiah Vs The State of Telangana, Rep. by its Principal Secretary

D. Venkateswara Rao, Vs The State of Andhra Pradesh

P.Eswaraprasad Raju Vs The Greater Visakhapatnam Municipal Corporation

Khairatabad Sarada, Vs The State of Telangana, Represented by its Principal Secreta

Gidigam Srinivasulu, Vs The State of Telangana

M. Hemalatha, Vs The State of Telangana