Sri Narichetty Bhasker v. State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.21358 OF 2017 ORDER:

This writ petition is filed challenging the rejection of application made by the petitioners for grant of permission to construct a building in plot Nos.134 and 134/Part in Survey No.44/1 at Miyapur Village, Serlingampally Mandal, Ranga Reddy District.

2.

Heard and perused the material available on record. 3.

The main grievance of the petitioners is that even though they applied for permission from the respondents to construct a building in the above land, the respondents have not granted permission on the ground of pendency of Land Grabbing Case No.29 of 2006.

4.

It is brought to the notice of this Court that in a case of this nature viz., in W.P.No.2724 of 2017, this Court passed orders on 30.01.2017 directing respondent Nos.2 and 3 therein to consider grant of building permission subject to the petitioner satisfying the requirements of Section 428 of Greater Hyderabad Municipal Corporation Act, 1955 and giving an undertaking that the petitioner would not claim any equities or compensation for the cost of the building constructed by him in the event the LGC case is decided against him.

5.

Considering the facts and circumstances of the case and the submissions made by the respective counsel, this Writ Petition is disposed of with the following direction:

Respondent Nos.2 and 3 are directed to consider the application of the petitioners for grant of building permission in the subject land within a period of eight (8) weeks from the date of receipt of a copy of this order subject to the petitioners satisfying requirement of Section 428 of the Greater Hyderabad Municipal Corporation Act, 1955, and also giving an undertaking that the petitioners would not claim equities or compensation for the cost of the building constructed by them, in the event the LGC is decided against them. There shall be no order as to costs. 6.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 30.06.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.21358 OF 2017 Date: 30.06.2017 AMD