Disposed

Kshitij Infraventures Private Limited, v. State of Telangana

Telangana HC20 Apr 2016WP/13158/2016

Case brief

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What is this about?

The court disposed of a writ petition challenging the Greater Hyderabad Municipal Corporation's inaction on a building permission application filed in 2014. The petitioner argued that the indefinite delay caused financial loss. The court directed the GHMC to consider the application under the relevant Act and Rules, record reasons for rejection if applicable, and complete the exercise within four

What did the court decide?

Directed GHMC to consider petitioner's building permission application within four weeks.

Kshitij Infraventures Private Limited, Vs… — Municipal and Town Planning | Telangana HC (2016)

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THE HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.13158 of 2016

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ORDER:

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Heard Sri D. Prakash Reddy, learned Senior Counsel appearing for Sri Harendar Pershad, learned counsel for the petitioner - Company, and Sri P. Keshava Rao, learned Standing Counsel for the Greater Hyderabad Municipal Corporation (GHMC).

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The grievance of the petitioner - Company is with regard to the inaction on the part of the municipal authorities upon its building permission application dated 09.01.2014.

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Sri D. Prakash Reddy, learned Senior Counsel, would submit that the petitioner – Company also addressed reminder dated 03.09.2015 to the municipal authorities pointing out that 18 months have elapsed since the submission of the application and that the delay in the process thereof is causing financial loss and damage to it. Despite the same, it is stated that the municipal authorities are yet to take a decision upon the application. It is not open to the municipal authorities to keep an application of this nature pending consideration indefinitely causing loss to the applicant who proposes to undertake construction once such permission is granted.

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The writ petition is accordingly disposed of directing the municipal authorities concerned to consider the petitioner – Company’s building permission application dated 09.01.2014 in accordance with the Greater Hyderabad Municipal Corporation Act, 1955, and the Rules and Regulations framed thereunder and take appropriate action thereupon. In the event the petitioner - Company’s request for such permission is rejected, the reasons thereof shall be recorded and duly communicated to it. This entire exercise shall be completed expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order.

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Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

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JUSTICE SANJAY KUMAR Date:20.04.2016

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Note: Furnish C.C. in two days. (B/o) GJ

Kshitij Infraventures Private Limited, v. State of Telangana

Case brief

What is this about?

What did the court decide?

Kshitij Infraventures Private Limited, v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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