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High Court for State of TelanganaWP/1038/2017dismissed no costs

M/S.Gangotri Metal Industries, v. State Of Telangana.

2017-01-06P Naveen Rao4 pages

Date : 6.1.2017 Between :

M/s. Gangotri Metal Industries, Rep by its Managing Partner M Anand Reddy S/o Late M Chandrapal Reddy R/o 8-2-316/1, Road No. 14, Banjara Hills, Hyderabad Petitioner And The State of Telangana Rep by its Principal Secretary, Municipal Admn and Urban Devp Dept, Secretariat, Hyderabad and others Respondents The Court made the following:

ORAL ORDER:

Petitioner challenges issuance of notification under section 15 (3) of Hyderabad Metropolitan Development Authority Act, 2008. By this notification, the authority proposed to designate particular area on which petitioner stakes claim, as Conservation Use Zone for Quarry Lease for building stone and road metal under Red Category. Objections are called from anybody who has a grievance against such provisional decision of the authority. It appears, petitioner filed objections on 2.12.2016 and the issue of consideration of objections is pending with the authority. At this stage, this writ petition is filed seeking to challenge the notification on the purported ground that the application of the petitioner for quarry lease dated 6.8.2008 is already pending and it ought to have been considered. Such relief is premature.

There is no dispute about the fact that authority is competent to issue a notification changing land use and designating a particular area as conservation use zone for quarry lease for building stone and road material under Red category and in exercise of such power only a notification is issued calling for objections. This Court is not inclined to interfere at this stage, more over, when the notification against which a grievance is raised in the writ petition only calls for objections and no final decision is taken by the authority. Petitioner may have a grievance only after final decision is taken.

Accordingly, the writ petition is dismissed. No costs. Miscellaneous petitions, if any pending, stands dismissed.

______________ P NAVEEN RAO,J DATE:6.1.2017 TVK

Date : 6.1.2017