Gone Hari Shankar And Another v. The State Of Telangana And 2 Others

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28480 OF 2019 DATED : 24.12.2019 Between :

Gone Hari Shankar S/o.Buchaiah, Age : 48 yrs, Occu : Business, R/o.H.No.1-8-23, Opp: Electricity Sub Station, Balasamudram, Hanmakonda, Warangal & another. .. Petitioners And The State of Telangana, rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad and others.

.....Respondents The Court made the following:

- 2 - HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.28480 OF 2019 ORDER :

Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1 and Smt Pingali Lakshmi, learned Standing Counsel for respondent Nos.2 & 3. 2.

Learned counsel for both sides agreed that this Writ Petition is covered by the order, dated 11.04.2014, in Writ Petition No.10465 of 2014. In view of the same, there shall be following similar order in this case also.

3.

Admittedly, petitioners application for grant of building permission was rejected by the respondent -Corporation on the ground that they did not supply a revised plan showing 100 feet road as indicated in the notified Draft Master Plan and also they did not give any undertaking to surrender road affected portion. It is not disputed that no final notification is issued and that the Master Plan is still in the draft stage only. Therefore, the Draft Master Plan cannot be said to have come into force. 4.

So, following the order, dated 11.04.2014, in W.P.No.10465 of 2014, the Writ Petition is allowed and the respondents are directed to consider the application of the petitioners for making construction in the subject property in accordance with the existing Master Plan and the "Shortfall Intimation Letter"

File No.3006/22021/W39/2019, dated 13.12.2019 issued by the respondents is set aside. Within four weeks from the date on which the petitioners resubmit their

- 3 - application for permission, respondent Nos. 2 and 3 shall consider the same in accordance with law, including the provisions of the Greater Hyderabad Municipal Corporation Act, 1955, the Rules and Byelaws made thereunder; take a decision thereupon; and communicate the same to the petitioners. Pending miscellaneous petitions, if any, shall stand closed. __________________ P.NAVEEN RAO,J 24th December, 2019 Rds