Syeda Maryam Yasmeen v. The State Of Telangana

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. 2.

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.

3.

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. 4.

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".

5.

It is very much evident from the above circular that the applications for building permissions can be considered by the competent authorities by collecting 33% compounding fee on the same plus open space contribution

charges at 14% on the market value of the plot applied for building permission. The Government issued the said memo in respect of the plots/sites, for which no application under Land Regularisation Scheme was submitted. It is also very much evident from the reading of the above memo that the building application of the petitioner herein deserves to be considered in terms of the said Circular dated 28.4.2017 subject to compliance of statutory requirements.

6.

Accordingly, the writ petition is disposed of, directing the Respondent Municipality to accept the application of the petitioner herein for building permission in terms of the Memo No.2252/M1/2017 dated 28.4.2017 issued by the 1st respondent and pass appropriate orders, as per law. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

_____________________ CHALLA KODANDA RAM, J Date: 5.2.2019 DA

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No.96 of 2019 5.2.2019 DA