Noshir P.Irani v. The Secunderabad Cantonment Board

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.40038 OF 2015 ORDER:

The writ petition is filed questioning the action of the respondentCantonment Board in keeping the approved building plans in respect of H.No.2-4-48, admeasuring 169.55 sq. yards situated in Kummargutta, Sikh Village, Secunderabad.

The main grievance of the petitioner is that even though the respondent-Cantonment Board had informed the petitioner on 05.05.2015 about the approval of the building plans, they were not released so far and thereby causing enormous amount of anguish to the petitioner as day-by-day cost of construction is going up. Sri S.S.Rama Suryam, learned standing counsel for the respondent-Board submits that as there were some objections in relation to the building plans, they were not released, but however, they could be released in a short while.

By the proceedings dated 05.05.2015, petitioner was informed that the Cantonment Board vide its resolution No.19(01) dated 09.04.2015 had approved the building plan and the petitioner was directed to remit the developmental charges as well as the conservancy fee apart from directing him to construct the rain water harvest pit. Petitioner asserts that he had complied with the conditions of construction of rain water harvesting pit and paid the developmental charges. Petitioner is also ready to pay the charges as demanded by the respondent-Cantonment Board. Inasmuch as the petitioner had complied with the conditions of construction of rain water harvesting pit and ready to pay the charges demanded, the writ petition is disposed of directing the respondentCantonment Board to receive the amount of Rs.25,800/- (Rupees twenty five thousand and eight hundred only) and release the building plans to the petitioner within a period of 10 days from the date of receipt of copy of this order.

With the above direction, the writ petition is disposed of. No order as to costs.

Miscellaneous Petitions pending, if any, in this writ petition shall stand closed.

______________________________ CHALLA KODANDA RAM,J Date:06.01.2016.

Gk THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.40038 OF 2015 Date:06.01.2016 Gk