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2020 Supreme(Telangana) 708

IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
M.S. Ramachandra Rao, T. Amarnath Goud, JJ.
A. Shalivahana Reddy - Appellant
Versus
Greater Hyderabad Municipal Corporation And Others - Respondent
Writ Petition No. 14881 of 2020, 14885 of 2020
Decided On : 27-11-2020

Advocates:
K.S. Murthy, Advocate

Headnote:

HMC Act - Registration Act, 1908 - Section 22-A - Final Decree - Registered Sale Deed - petitioner in W.P. is absolute owner and possessor of Plot Part admeasuring 461 square yards in Block No.III on Southern part of the land having purchased it from Investments Limited under a Registered Sale Deed being Document - Petitioner in W.P. is absolute owner and possessor of Plot admeasuring 300 square yards each in Block No.III on Southern part of the land having purchased it from Cyrus Investments Limited under a Registered Sale Deed being Document - Held, Special Government Pleader also did not deny that respondents had granted construction permission for high rise buildings to Engineers Syndicate Limited for an extent of 20 acres, to Constructions Company Limited for an extent of 10 acres to Constructions Company Limited for an extent of 10 acres and to Constructions also in village - Respondents cannot discriminate against the petitioners and reject the petitioners Applications for building permission without any valid basis, while granting such permissions to others - Writ Petitions are allowed

JUDGMENT

M.S.Ramachandra Rao, J. - Since common issues arise for consideration in these two Writ petitions, they are being disposed of by this common order.

2. The petitioner in W.P.No.14881 of 2020 is the absolute owner and possessor of Plot Nos.141 and 140 Part admeasuring 461 square yards in Block No.III on Southern part of the land in Survey No.78 (78/B as per internal division) of Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District, having purchased it from M/s. Cyrus Investments Limited under a Registered Sale Deed being Document No.12420 of 2012 dt.07.11.2012.

3. The petitioner in W.P.No.14885 of 2020 is the absolute owner and possessor of Plot Nos.154, 155, 172 and 173 admeasuring 300 square yards each in Block No.III on Southern part of the land in Survey No.78 (78/B as per internal division) of Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District, having purchased it from M/s. Cyrus Investments Limited under a Registered Sale Deed being Document Nos.508, 506 of 2015 dt.31.7.2014.

4. The vendor of petitioners had acquired title to this land by virtue of Final Decree passed in Application Nos.517 and 239 of 2009 in C.S.No.14 of 1958 on 31.03.2010 passed by the High Court of Andhra Pradesh, the predecessor of the High Court for the State of Telangana.

5. The petitioners submitted an online Application on 05.06.2020 and 2.6.2020 respectively to the Greater Hyderabad Municipal Corporation ( for short 'GHMC' ) for construction of a house along with a process fee of Rs.10,000/-. It was received in File No.2/C20/07809/2020 and File No.2/C21/07608/2020. The petitioner also alleges that he submitted relevant document to show his prima facie title over the said property.

6. The Assistant City Planner, GHMC (4th respondent) sent an intimation letter dt.29.06.2020 to the petitioner in WP.No.14881 of 2020, and the Chief City Planner, GHMC (2nd respondent) sent a Shortfall letter dt.11.6.2020 to the petitioner in WP.No.14885 of 2020 rejecting the petitioners' proposal stating that the lands in Survey No.78 of Hafeezpet Village are 'Sarkari' Government lands and so permission for construction cannot be granted to such lands. The petitioner in WP.No.14881 of 2020 claims to have given letters on 14.07.2020 and 27.08.2020 and the petitioner in WP.No.14885 of 2020 claims to have given letters on 18.6.2020 and 9.7.2020 pointing out that the State Government has no claim to this land and to reconsider the petitioners' Application without reference to the said aspect.

7. The petitioners contend that in a portion of the land covered in the same survey number, the 1st respondent had granted construction permission to high rise buildings to M/s. Prajay Engineers Syndicate Limited for 20 acres, to M/s. Mahendra Constructions Company Limited for 10 acres, to M/s. Adithya Constructions Company Limited for 10 acres and to M/s. G.K. Constructions and several other persons, but has discriminated against the petitioners and rejected the petitioners' application for permission on untenable grounds.

8. It is also contended that the total extent of land in Survey No.78 of Hafeezpet Village is Ac.215.20 guntas and there are nearly 1000 buildings in this land with approved plans and also unapproved plans.

9. The petitioners therefore challenge the refusal of the respondents in granting construction permission to the petitioner in WP.No.14881 of 2020 vide intimation letter dt.29.06.2020 in File No.2/C20/07809/2020 issued by the 4th respondent, and to the petitioner in WP.No.14885 of 2020 vide Shortfall letter dt.11.6.2020 issued by the Chief City Planner, GHMC (2nd respondent), and seek a direction to the respondents to grant such permission.

    The contents of the impugned orders

    10. In the intimation letter dt.29.06.2020 issued by the 4th respondent to the petitioner in WP.No.14881 of 2020, it is mentioned that 'the site under reference in Survey No.78 of Hafeezpet Village is falling within Government (Sarkari) land in which proposal

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