Syeda Maryam Yasmeen v. The State of Telangana
Case brief
What is this about?
The High Court disposed of the writ petition, directing the Respondent Municipality to consider the petitioner's application for building permission in an unapproved layout in accordance with State Government Memo No. 2252/M1/2017. The order requires compliance with prescribed charges and penalties.
What did the court decide?
Direction to the Respondent Municipality to accept the petitioner's application for building permission in terms of the State Government Memo No. 2252/M1/2017 dated 28.4.2017.
What the court decided
THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM
W.P.No.96 of 2019
ORDER:
Heard the learned counsel for the petitioner and Sri N.Praveen Kumar, learned Standing Counsel for Respondent No.2-Municipality.
- According to the petitioner, he purchased Plot bearing No.10-A admeasuring 200 sq.yards in Sy.No.90/part situated at Balapur village and mandal, Ranga Reddy district vide registered sale deed No.2006/2014 dated 5.5.2014.
- Admittedly, the petitioner herein purchased the plot in an unapproved layout. The grievance of the petitioner in the present writ petition is that the Respondent authorities are not accepting the application of the petitioner for grant of building permission on the ground that the subject plot falls under unapproved layout and is not recognized within the scheme introduced by the 1st respondent vide G.O.Ms.No.151 dated 2.11.2015.
- During the course of arguments, it is brought to the notice of the Court that the State Government in respect of unapproved layouts issued Memo No.2252/M1/2017 dated 28.4.2017. The said memo reads as under:
“Building permission in such plots/sites may be considered by the Competent Authority by collecting basic penalization charges as per LRS-2015 and 33% compounding fee on the same, plus open space contribution charges (14%) on the present market value of the site/plot applied for Building Permission”.
Issues for consideration
3 issues framed by the court
Whether the petitioner's application for building permission in an unapproved layout falls within the scope of the State Government Memo No. 2252/M1/2017 dated 28.4.2017.
Whether the Respondent Municipality is directed to accept the petitioner's building permission application.
Whether the petitioner must comply with the penalization charges prescribed in the State Government Memo.
Parties & counsel
- petitioner
Petitioner
- respondent
Respondent No.2-Municipality
Coram
Challa Kodanda Ram
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · February
- Registered
- Case no.
- WP/96/2019
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