Mohd. Talha v. Union Of India

THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD W.P.No. 8244 of 2019 ORDER:

Heard both sides and perused the material available on record. This writ petition is filed by the petitioners aggrieved by the action of the respondents in interfering with the petitioner's building construction activity in Plot No.9 in Survey Nos.27/AA, 28/2/AA, 28/2/A, 28/2/E, 28/2/E and 27/E, admeasuring 876.55 sq. yards or 732 sq. meters situated at Golconda Hills, Neknampur Village and Grampanchayat, Rajendra Nagar Mandal, Ranga Reddy District as illegal and arbitrary and without any authority of law and contrary to Circular No.F.110261212011/D(Lands, dated 21.10.2016 issued by the 1st respondent. The case of the petitioners is that they purchased the property from his vendor and the same was approved for construction of building by way of sanction and thereafter NOC was also issued by the respondent authorities concerned. Having obtained the sanction, the petitioners raised construction i.e. ground + two floors as per the sanctioned plan. But, to the surprise of the petitioners, the respondents are interfering with the construction.

Counter affidavit has been filed by the respondents stating that in the interest of safety of the nation, the respondents are interfering with the construction and further NOC guidelines are pending before the authorities concerned for the last couple of years.

Having regard to the facts and circumstances of the case, this Court feels that it is just and proper to dispose of the writ petition.

Accordingly, the writ petition is disposed of directing the respondents not to interfere with the lawful construction activities of the petitioners, if the same is in accordance with guidelines. In the event, the petitioners violates any guidelines or conducts any construction activity, which is adverse to the interest of the nation security, the respondents are always at liberty to take appropriate action by following due process of law. No costs.

Miscellaneous petitions, if any, pending in this petition shall stand closed.

________________________ T. AMARNATH GOUD, J 29.04.2019 kvrm