M/S Greater Infra Builders And Developers v. The State Of Telangana, Represented By Its Principal

THE HONOURABLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT PETITION No.28067 of 2016 O R D E R:

Heard counsel for the petitioner, the Government Pleader for Municipal Administration appearing for 1st respondent, Sri Sampath Prabhakar Reddy, Standing Counsel for Greater Hyderabad Municipal Corporation, appearing for respondents 2 & 5; and the Government Pleader for Revenue appearing for respondent nos.3 and 4.

2. Petitioner's grievance in this Writ Petition is that the respondents are not granting construction permission to petitioner in spite of the fact that petitioner had applied for such permission on 12.08.2016.

3.

Sri Sampath Prabhakar Reddy, Standing Counsel for Greater Hyderabad Municipal Corporation, states that the District Collector, Ranga Reddy District had issued a letter dt.31.10.2013 addressing the Zonal Commissioner, West Zone, Greater Hyderabad Municipal Corporation stating that the subject land is being litigated by the State in LGC No.29 of 2006 and not to grant building permissions.

4. It is not disputed that in the said LGC initially an order was granted in I.A.No.446 of 2006 on 31.08.2006 prohibiting alienation and permitting constructions by only persons having approved plans, but the said order was set aside by this Court in W.P.No.3973 of 2007 and batch on 02.03.2007.

5. In W.P.No.12861 of 2007 which is arising out of a claim by a person whose permission for construction in the subject land was rejected, this Court had passed orders on 06.11.2007 directing the respondents to consider grant of building permission, on the petitioner satisfying the requirements of Section 428 of Greater Hyderabad Municipal Corporation Act, 1955; and giving an undertaking that in the event of LGC pending before the Special Court instituted under the A.P. Land Grabbing (Prohibition) Act, 1982 been decided against him, petitioner would not claim any equities or costs of the building constructed by him.

6. Following the above orders, this Writ Petition is disposed of directing the respondents 2 and 3 to consider the application of the petitioner for grant of building permission in the subject land within a period of four (04) weeks from the date of receipt of a copy of this order, subject to the petitioner satisfying requirement of Section 428 of Greater Hyderabad

Municipal Corporation Act, 1955, and also subject to the petitioner giving an undertaking that the petitioner would not claim equities or costs of the building construction, in the event LGC been decided against the petitioner, without reference to the letter dt.31.10.2013 of the Zonal Commissioner, GHMC, Hyderabad. There shall be no order as to costs.

7. Accordingly, the Writ Petition is disposed of with the above directions. No order as to costs.

8. Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

____________________________ M.S.RAMACHANDRA RAO, J Date: 22-08-2016 Ndr/*