Sri Bobba Veera Venkata Satyanarayana v. Greater Hyderabad Municipal Corporation

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.5997 OF 2019 Date:22.03.2019 Between:

Sri Bobba Veera Venkata Satyanarayana, S/o. B. Balarama Murthy, Aged 59 years, Occ: Government Employee and another .. Petitioners And Greater Hyderabad Municipal Corporation, Rep., by its Commissioner, Tank Bund Road, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.5997 OF 2019 ORDER:

Heard learned counsel for the petitioners, learned Government Pleader for Revenue appearing respondents 2 and 4 and Sri Sampath Prabhakar Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for respondents 1 and 3.

2.

Petitioners grievance in this Writ Petition is that the respondents are not granting construction permission to the petitioners in spite of the fact that they had applied for the same. 3.

Sri Sampath Prabhakar Reddy, learned Standing Counsel for the respondent - Corporation states that the Joint Collector, Ranga Reddy District, had issued the letter dated 31.10.2013 addressing the Zonal Commissioner, West Zone, Greater Hyderabad Municipal Corporation stating that the subject land is being litigated by the State in L.G.C.No.29 of 2006 and not to grant building permission. 4.

It is not disputed that in L.G.C., initially an order was passed 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 Writ Petition No.3973 of 2007 and batch on 02.03.2007. In Writ Petition 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 the L.G.C. pending before the Special Court constituted under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 is decided against him, the petitioner would not claim any equities or costs of the building constructed by him. 5.

Following the above orders, this Writ Petition is disposed of directing Respondents 1 and 3 to consider the application of the petitioners 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 their satisfying the requirement of Section 428 of the Greater Hyderabad Municipal Corporation Act, 1955 and also giving an undertaking that they would not claim equities or costs of the building construction, in the event the Land Grabbing Case pending in civil Court is decided against them, without reference to the letter dated 31.10.2013 of the Zonal Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. No costs.

Consequently, miscellaneous petitions pending, if any, shall also stand disposed of.

____________________ P. NAVEEN RAO, J Date:22.03.2019 KH