ORDER :

The petitioner, a Society registered under the provisions of Andhra Pradesh Societies Registration Act, 2001, filed the present writ petition under Article - 226 of the Constitution of India, to declare the proceedings Lr.No.06955/C1/LNZ/GHMC/2021-1, dated 06.07.2021, issued by respondent No.3 under Section - 450 of the GHMC Act, 1955, as illegal and unjust, and for a consequential direction to revoke/cancel the Building Permit No.3/C1/06693/2021, dated 10.05.2021, issued in favour of respondent No.4.

2. Heard Mr. Pottigari Sridhar Reddy, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing on behalf of respondent No.1, Mr. Sampath Prabhakar Reddy, learned Standing Counsel for GHMC appearing on behalf of respondent Nos.2 and 3 and Mr. M.S. Srinivasa Iyengar, learned counsel for respondent No.4.

3. FACTS:

(i) The petitioner herein is a society registered under the provisions of the Andhra Pradesh Societies Registration Act, 2001 with registration No.1051 of 2007.

(ii) The owners of Villas of a Gated Community called ‘Saket Mithalia’, situated at Saket, Kapra Mandal, ECIL Post, Medchal - Malkajgiri District, Telangana, have organized and formed the petitioner society.

(iii) As per the bye-laws of the said Society, owners of the Villas are the members of the said Society. In case, a Member is in possession of more than one Villa, he/she will be taken as a Single Member. The members of the Society are bound by the bye-laws framed by the Society. There are 101 Duplex Villas in the residential Layout.

(iv) Originally, permission was obtained from the then Municipality and the HUDA for residential Layout and construction of Villas along with Club with Ground + 1 Upper Floor, vide proceedings dated 18.03.2005. Constructions were made strictly in accordance with the sanctioned Lay-out Plan, leaving aside empty spaces for roads and parks etc.

4. CASE OF THE PETITIONER:

(i) The petitioner has submitted representations dated 18.12.2020 and 06.04.2021 to respondent No.3 informing them that as per bye law - 30 (a), the association shall not undertake any construction work that may affect the overall ambience and elevation of the colony and Bye law - 30 (b), as per which, no owner of the Villas shall alter the shape of the building by putting up additional rooms, building compound walls or platforms around the house, disturbing the uniformity of the colony. Thus, the petitioner has requested them not to grant any permission to any Member without NOC from the petitioner.

(ii) The GHMC without considering the said representations had issued Building Permission to respondent No.4 for construction of Second Floor vide Building Permit No.3/C1/06693/2021, dated 10.05.2021.

(iii) Respondent No.4 did not disclose the fact that the plot for which permission was sought is part of the Gated Community Lay-out and that he is bound by the bye-laws of the Association formed by the Members of the Society. Thus, respondent No.4 has obtained the said Building Permit by suppressing and misrepresenting the facts.

(iv) Therefore, the petitioner had given a complaint dated 24.05.2021 to respondent No.3 on 26.05.2021 who in turn, issued a Notice No.06955/C1/LNZ/GHMC/2021, dated 21.06.2021 under Section - 450 of the GHMC Act, 1955, to respondent No.4 calling for his explanation. Respondent No.4 had submitted his explanation without disclosing any valid ground on the aspect of suppression and misrepresentation of facts.

(v) Thereafter, respondent No.3 has issued proceedings Lr.No.06955/C1/LNZ/GHMC/2021-1, dated 06.07.2021 informing the petitioner that the Building Permit issued in favour of respondent No.4 cannot be revoked on the grounds specified therein.

(vi) According to the petitioner, Clause - 30 of its bye-laws deals with ‘construction works’ and as per Sub-Clause (b), no owner of the Villas shall alter the shape of the building by putting up additional rooms, building compound walls or platform