Disposed

Mandhapalli Shobha, v. The State of Telangana

Telangana HC25 Aug 2015WP/26996/2015

Case brief

AI extract

What is this about?

The Single Judge referred to prior decisions regarding building permissions. Directing the Municipal Corporation to consider the petitioner's application for building permission subject to compliance with specific Sections of the Greater Hyderabad Municipal Corporation Act, 1955, and an undertaking not to claim equities if a pending land grabbing case is decided against her.

What did the court decide?

Directed the Municipal Corporation to consider the petitioner's application for building permission subject to legal requirements and an undertaking regarding future equities in a pending land grabbin

Mandhapalli Shobha, Vs The State of Telangana — Land Acquisition | Telangana HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

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TUESDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND FIFTEEN

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Present

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.26996 of 2015

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Between:

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Mandhapalli Shobha, D/o. Mandhapalli Kishtaiah, Aged 41 years, R/o. Flat No.2201, Tower 17 LH, Lanco Hills, Manikonda – 500 089, Ranga Reddy District.

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.. Petitioner

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AND

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The State of Telangana, Rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad & 4 others

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.. Respondents

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The Court made the following:

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.26996 of 2015

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ORDER:

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When the matter is taken up, learned counsel for the petitioner as well as Sri Sampath Prabhakar Reddy, learned Standing Counsel representing the Greater Hyderabad Municipal Corporation for the 2^nd respondent states that the subject matter of the writ petition is covered by the decision of this Court in W.P.No.2454 of 2015.

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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 the learned Single Judge in W.P.No.12861 of 2007. The operative portion of the order in W.P.No.8691 of 2008 reads as under:

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“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.”

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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 2^nd respondent Municipal Corporation to consider the application of the petitioner also, subject to her satisfying the requirements of law and in particular that of Sections 428, 429 and 431 of the Greater Hyderabad Municipal Corporation Act, 1955 and subject to her giving an undertaking to the 2^nd respondent Municipal Corporation that she 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 her, at any later point of time. Accordingly, the application submitted by the petitioner may be taken up for consideration and appropriate orders there on be passed within a period of eight (8) weeks from the date of receipt of a copy of this order.

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4. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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_________________ P.NAVEEN RAO, J

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Date: 25^th August, 2015 KL

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.26996 of 2015

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Date: 25^th August, 2015

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