Disposed

M/s Sri Hema Durga Constructions, v. The State of Telangana

Telangana HC21 Mar 2017WP/9936/2017

Case brief

AI extract

What is this about?

This single-judge order disposed of a writ petition regarding denied construction permission. The court directed respondents to consider the application within eight weeks, subject to specific statutory compliance and an undertaking to forfeit building quantum if land litigation is lost.

What did the court decide?

Respondents 2 and 3 directed to consider building permission application within eight weeks, subject to Section 428 compliance and undertaking regarding land litigation outcome.

M/s Sri Hema Durga Constructions, Vs The State of… — Property and Title | Telangana HC (2017)

¶1

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM

¶2

WRIT PETITION No.9936 of 2017

¶3

ORDER:

¶4

Heard counsel for the petitioner, the Government Pleader for Municipal Administration appearing for 1^st respondent, Sri Sampath Prabhakar Reddy, Standing Counsel for GHMC appearing for respondents 2 & 5, and the Government Pleader for Revenue appearing for respondents 3 & 4.

¶5

Petitioner’s grievance in this Writ Petition is that the respondents are not granting construction permission to the petitioner in spite of the fact that the petitioner had applied for such permission.

¶6

Sri Sampath Prabhakar Reddy, Standing Counsel for GHMC states that the Joint Collector, Ranga Reddy District had issued a letter dt.31.10.20103 addressing the Zonal Commissioner, West Zone, GHMC stating that the subject land is being litigated by the State in LGC No.29 of 2006 and not to grant building permissions.

¶7

It is not disputed that in the LGC initially an order was granted in I.A.No.446 of 2006 on 31.08.2006 prohibiting alienation and permitting constructions by only persons having approved plans but the said order was set aside by this Court in W.P.No.3973 of 2007 and batch on 02.03.2007. In W.P.No.12861 of 2007 which is arising out of a claim by a person whose permission for construction in the subject land was rejected, this Court had passed orders on 16.11.2007 directing the respondents to consider grant of building permission, on the petitioner satisfying the requirements of Section 428 of Greater Hyderabad Municipal Corporation Act, 1955 and giving an undertaking that in the event of LGC pending before the Special Court instituted under the A.P. Land Grabbing

¶8

¶9

(Prohibition) Act, 1982 been decided against him, petitioner would not claim any equities or costs of the building constructed by him.

¶10

Following the above orders, this Writ Petition is disposed of directing the respondents 2 and 3 to consider the application of the petitioner for grant of building permission in the subject land within a period of eight (08) weeks from the date of receipt of a copy of this order, subject to the petitioner satisfying requirement of Section 428 of Greater Hyderabad Municipal Corporation Act, 1955 and also subject to the petitioner giving an undertaking that the petitioner would not claim equities or costs of the building construction, in the event LGC been decided against the petitioner, without reference to the letter dt.31.10.2013 of the Zonal Commissioner, GHMC, Hyderabad. There shall be no order as to costs.

¶11

Consequently, miscellaneous petitions pending, if any shall stand dismissed. _____________________ CHALLA KODANDA RAM, J March 21, 2017 KTL

M/s Sri Hema Durga Constructions, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

M/s Sri Hema Durga Constructions, v. The State of Telangana

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

Kolloju Hemalatha Vs State of Telangana

Smt.J.Ramalakshmamma, Vs .The State of A.P.

N.Eswara Rao, Vs The State of Telangana

Sree Veera Saiva Sangha, Vs The State of A.P.

Smt.M.Aswini, Vs State of Telangana

A.Madhavaiah Vs The State of Telangana