M/S. V.S.V.Constructions v. State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18324 OF 2017 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of respondent No.2 in issuing letter No.1/C12/06049/2017, dated 01.06.2017, refusing to consider the application, dated 22.05.2017, of the petitioner for permission for construction of residential building in plot No.450 situated in Sy.No.44/1 at Miyapur Village, Serilingampally Mandal, Ranga Reddy District on the ground of pendency of Land Grabbing Case No.29 of 2006 as illegal and arbitrary and consequently, direct respondent Nos.2 and 3 to consider the application of the petitioner for construction of residential building without reference to the pendency of L.G.C.No.29 of 2006.

2.

It is stated in the affidavit filed in support of the writ petition that the petitioner is the absolute owner and possessor of the aforesaid plot having purchased the same under a registered document No.4047/2017, dated 20.04.2017, from its original owner G.Rajendra Prasad Reddy and others. Their vendors in turn purchased the property from one R.Ramulu under a registered document No.3274/1997 and the said Ramulu got allotment of this property from M/s.Matrusri Co-operative House Building Society under a registered document No.1630/1981, dated 19.04.1981. M/s.Matrusri Co-operative House Building Society Ltd., Hyderabad had purchased about Ac.136-00 cs in Sy.No.44/1 from M/s.Ram Gnaneshwar and others vide registered document

No.2530 of 1979, dated 09.10.1979. After purchasing the land, the society got the land divided as many as 1040 plots and registered the same in the name of its members under registered sale deeds. The layout submitted by M/s.Matrusri Co-operative House Building Society Ltd., was also regularized by the Government. After obtaining necessary permissions, M/s.Matrusri Co-operative House Building Society entered into a Memorandum of Understanding with M/s.Venkateshwara Buildings for development of the land. The society has collected nearly Rs.5 crores from its members and provided drainage lines with necessary septic tanks, water supply lines, sumps and over head tanks. In the entire land of Ac.136-00 cs, metal roads as well as tar roads were laid by the society.

The society also developed open spaces and constructed outer compound wall with gates. The total colony is provided with power lines with necessary transformers after obtaining necessary permissions from the concerned authorities. Further, at the time of purchasing the property in the year 1963 by Rama Gnaneshwar and others, the Tahsildar issued permission/clearance under Section 47 of Hyderabad Tenancy Act and Agriculture Land Act.

The petitioner made an application on 22.05.2017 to respondent No.2 for grant of building permission for stilt + 5 upper floors and paid initial processing fees of Rs.10,000/- under File No.1/C12/06049/2017, but respondent No.2 issued a letter bearing No.1/C12/06049/2017, dated 01.06.2017, returning the application taking objection that the proposed site is covered under L.G.C.No.29 of 2006. Initially, the Revenue Divisional Officer, Chevella, invoking the provisions of Section 8(1) of the A.P. Land

Grabbing (Prohibition) Act, 1982, filed L.G.C.No.29 of 2006 seeking declaration against M/s.Matrusri Co-operative House Building Society and others as land grabbers. Along with the L.G.C., the Government filed I.A.No.446 of 2006 for temporary injunction and the Special Court held that the respondents in L.G.C. and its predecessors in title have been in possession for a long time of 60 years and developmental activity was going on since then and also held that number of buildings were constructed and directed the authorities not to interfere with the construction activities with regard to plans which were already approved and directed the members of the society not to alienate the property pending disposal of the L.G.C.

Challenging the observations insofar as permitting the constructions only to the plans which were already approved by the Municipal Corporation, M/s.Matrusri Co-operative House Building Society and others filed W.P.No.3973 of 2007 and batch and the same was disposed of directing the respondents to consider the grant of the building permission after satisfying the requirement of Section 428 of the Greater Hyderabad Municipal Corporation Act, 1955. Petitioner is ready to give an undertaking before the respondent authorities that any permission granted will be subject to the result in L.G.C.No.29 of 2006. If the application of the petitioner is not considered, it will suffer irreparable loss and injury.

3.

Heard and perused the material available on record. 4.

Considering all the facts and circumstances of the case, respondent Nos.2 and 3 are directed to consider the application, dated 22.05.2017, of the petitioner 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 satisfying requirement of Section 428 of the G.H.M.C. Act and also giving an undertaking that the petitioner would not claim equities or costs of the building construction, in the event L.G.C. has been decided against it, without reference to the letter, dated 01.06.2017, of respondent No.2.

5.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

6.

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

_________________________ JUSTICE RAJA ELANGO Date : 08.06.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18324 OF 2017 Date: 08.06.2017 AMD