High Court for State of TelanganaWP/4474/2014disposed of no costs

Sohil H.Lakhani, v. The Hyderabad Metropolitan Development Authority,

2015-10-01P Naveen Rao6 pages

26506/2013, 27704/2013, 28118/2013, 28733/2013, 29498/2013, 32283/2013, 33209/2013, 33708/2013, 34390/2013, 35629/2013, 36957/2013, 38525/2013, 38992/2013, 143/2014, 4474/2014, 6245/2014, 6705/2014, 9402/2014, 27434/2014, 34785/2014, 35655/2014 and 39764/2014 Date: 01.10.2015 W.P.No.5337 of 2013:

Between:

B.Damodar Rao s/o. B.Govind Rao, Aged 66 years, Occu: Business, R/o Plot No.153, U.B.I. Colony, Road No.3, Banjara Hills, Hyderabad.

.... Petitioner AND The Executive Officer (Panchayat Secretary), Gram Panchayat of Bachupally village, Quthbullapur Mandal, Ranga Reddy District and others.

.... Respondents The Court made the following:

26506/2013, 27704/2013, 28118/2013, 28733/2013, 29498/2013, 32283/2013, 33209/2013, 33708/2013, 34390/2013, 35629/2013, 36957/2013, 38525/2013, 38992/2013, 143/2014, 4474/2014,

6245/2014, 6705/2014, 9402/2014, 27434/2014, 34785/2014, 35655/2014 and 39764/2014 COMMON ORDER:

In all these writ petitions, petitioners are aggrieved by the insistence of Clearance/No Objection Certificate (NOC) from the revenue authorities for conversion of agricultural land into non- agricultural purpose under the Andhra Pradesh Agricultural (Conversion for Non-Agricultural Purposes) Act, 2006 (for short, 'the Act, 2006').

2. When the matters are taken up for consideration, learned counsel for petitioners as well as learned counsel for respondents represent that the subject matter of these writ petitions is covered by the decision of the Division Bench of this Court in W.A.No.702/2010 and batch, dated 28.08.2015. The Division Bench upheld the decision of the learned single Judge in the common order dated 28.04.2010 in W.P.No.26688 of 2007 and batch. The Division Bench passed the following order: i) It shall be competent for the Urban Development Authorities or the Local Authorities, as the case may be, to insist on submission of clearance/permission under the 2006 Act as a condition precedent for releasing of layouts;

ii) the land has been put to non-agricultural use before the 2006 Act came into force, such clearance/permission shall not be insisted; and iii) Conversion of the land into Non-agricultural use under the provisions of Act 3 of 2006 is necessary even if the land is covered by Master Plan and sanction of layout by the Development Authority under the provisions of Act 1 of 1975.

3. Following the same, these writ petitions are also disposed of. There shall be no order as to costs. Miscellaneous petitions if any pending in these writ petitions shall stand closed.

__________________________ JUSTICE P.NAVEEN RAO Date : 01.10.2015 kkm