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2017 Supreme(AP) 622

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
S.V. Bhatt, J.
SSPDL Ltd. - Appellants
Vs.
Hyderabad Metropolitan Development Authority and Ors. - Respondent
WP Nos. 34940, 35787 and 41187 of 2015
Decided On : 22-09-2017

Advocates Appeared:
S. Niranjan Reddy, N. Sasikala, R.N. Hemendranath Reddy, Y. Rama Rao, SC, Government Pleader, C.V. Mohan Reddy for P. Harinath Reddy, M. Subba Reddy and N. Sreedhar Reddy

Headnote:

Hyderabad Metropolitan Development Authority Act 2008 - Indian Companies Act, 1956 - Cancellation of layout permission – Challenged - Petitioner is a Mutually Aided Cooperative House Building Society and claims to have purchased independent houses in the layout developed by petitioner in WP No. 34940 of 2015. The respondents are same in these three writ petitions. The writ petitions challenge Proceedings and consequential steps/action of HMD A/respondent No. 1 resulting in violation of petitioners proprietary and constitutional rights – Held, From a bare reading of Section 22, it discloses that HMDA or Government may revoke any development permission issued under the Act, for if such permission is obtained by a false statement, misinterpretation or suppression of a material fact. The revocation can, however, be by following procedure prescribed. It is not the case of 1st respondent that procedure is prescribed under the Act and it was followed while revoking the permission. In the absence of prescribed procedure, the decision which results in serious financial and penal consequences ought to have been taken atleast by following the principles of natural justice and fair play. The impugned proceedings and the files do not satisfy this requirement and hence for this reason as well, the decision dated 29.8.2015 and the impugned proceedings are vitiated and are liable to be set aside. The 1st respondent or Government in a given case while considering to revoke permission granted, examines the false statement or misinterpretation or suppression in the context of permission already granted and a decision as is amenable could be taken to revoke the permission granted under the Act – Petitions ordered accordingly

ORDER :

S.V. Bhatt, J.

1. Heard Mr. S. Niranjan Reddy for writ petitioners, Mr. Y. Rama Rao for 1st respondent, Government Pleader for Revenue for respondents 2 to 4 and Mr. C.V. Mohan Reddy for respondent No. 5. The petitioner in WP No. 34940 of 2015 and 1st petitioner in WP No. 35787 of 2015 is common. Petitioner in WP No. 41187 of 2015 is a Mutually Aided Cooperative House Building Society and claims to have purchased independent houses in the layout developed by petitioner in WP No. 34940 of 2015. The respondents are same in these three writ petitions. The writ petitions challenge Proceedings No. 101299/LO/Plg./HMDA/2013 dated 29.8.2015 and consequential steps/action of HMD A/respondent No. 1 resulting in violation of petitioner's proprietary and constitutional rights. The writ petitions hence are heard together and disposed of by this common order:

The prayers in these three writ petitions read as follows:

WP No. 34940 of 2015:

"...Writ of "Mandamus" declaring the action of 1st respondent in issuing Proceedings No. 101299/LO/Plg/HMDA/2013 dated 29.8.2015 cancelling the layout permission granted to the petitioner in respect of schedule property, as arbitrary, illegal. unconstitutional and beyond the powers conferred under The Hyderabad Metropolitan Development Authority Act 2008, and set aside the same with respect to property admeasuring Acs. 88.26 gts in Sy. No. 191/P and Sy. No. 30/P, Kollur and Osman Nagar Villages respectively, Ramachandrapuram Mandal, Medak District.."

WP No. 41187 of 2015:

"...Writ of mandamus declaring the action of 1st respondent in issuing Proceedings No. 101299/LO/Plg/HMDA/2013 dated 29.8.2015 cancelling the layout permission earlier granted in respect of petitioner's land as arbitrary, illegal, unconstitutional and in violation of principles of Natural Justice and beyond the powers conferred under The Hyderabad Metropolitan Development Authority Act 2008, and set aside the same with respect to property admeasuring Acs. 88.26 gts in Sy. No. 191/P and Sy. No. 30/P, Kollur and Osman Nagar Villages respectively, Ramachandrapuram Mandal, Medak District.."

WP No. 35787 of 2015:

"... Writ of "Mandamus" declaring the action of the 2nd respondent in conducting various actions violating the petitioner's property and constitutional rights in excess of powers granted under HMDA Act as illegal, arbitrary, unconstitutional and as a sequitur to such declaration: (i) declare the action of conducting of panchnama on 30.8.2015 by the officials of the 1st respondent in property admeasuring Acs. 88.26 gts situated in Sy. Nos. 30/P i.e., 30/1, 30/16 to 18, 20, 33 to 38, 50 to 54, 56, 58, 65 to 70, 73, 74 and 75 of Osmannagar Village and 191/P i.e., 191/1, 12, 13, 16 to 20, 31, 32, 33, 35, 36, 41, 42, 46, 47 and 55 of Kollur Village, Ramachandrapuram Mandal, Medak District as illegal and unconstitutional; (ii) declare the action of the 2nd respondent in issuing Lr. No. B/291/HMDA.12015 dated 1.9.2015 to the 4th respondent as illegal, arbitrary, unconstitutional and strike down the same..."

2. The learned Counsel appearing for both parties have submitted by referring to the averments in WP No. 34940 of 2015 and suggested to treat this writ petition as the lead case and have further stated that the outcome of WP No. 34949 of 2015 decides the outcome of the other two writ petitions as well.

3. The averments in the affidavit are stated thus:

The petitioner is a company registered under the Indian Companies Act, 1956. The petitioner claims to be engaged in real estate, development and construction of houses and apartments. The petitioner claims to be the owner and in exclusive possession of an extent of Acs. 92-39 gts. in Survey No. 191(part), Kollur Village and Survey No. 30(part), Osmannagar Village, Ramachandrapuram Mandal, Medak District. The petitioner entered into development agreement with BHEL Employees Mutually Aided Cooperative Society (petitioner in WP No. 41187 of 2015) for developing the land into a gated community of i































































































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