Bandi Shashikala v. The State Of Telangana

THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.4779 of 2019 ORDER:

The relief sought for in this writ petition is to declare the action of respondents 2 and 3, in not granting permission on the building application dated 16.02.2019, referring to the draft master plan, as illegal and arbitrary.

2.

Smt Pingali Lakshmi, learned Standing Counsel for Warangal Municipal Corporation, on instructions, would submit that a draft master plan has been prepared widening the existing 100 ft road to 120 ft; draft proposals have been submitted to the Government; objections have already been invited; and a final notification, approving the master plan, is yet to be issued. Learned Standing Counsel would fairly submit that the application submitted by the petitioners is in accordance with the existing master plan; and the said application has not been considered only because the master plan is in the process of being revised. 3.

As long as a final notification is not issued, and the master plan is still at the draft stage, it cannot be said to have come into force. The petitioners are, therefore, entitled to have their application considered in accordance with the existing master plan. The impugned letter dated 27.02.2019 is set aside. Within four weeks from the date on which the petitioners resubmits their application, respondents 2 and 3 shall consider the same in accordance with law, including the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 the Rules and Byelaws made thereunder; take a decision thereupon; and communicate the same to the petitioners.

CKR, J W.P.NO.4779 OF 2019 4.

The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

________________________ CHALLA KODANDA RAM, J 8th March, 2019 sj