SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Telangana) 313

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Shameem Akther, J.
Kemidi Shiva Krishna, Son of Sri Kemidi Yadagiri - Appellant
Vs.
The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad - Respondent
Writ Petition Nos.20398, 20435, 21004, 22496, 22549, 27801, 28146, 29019, 29200 and 32665 of 2021
Decided On : 13-12-2021

Advocates:
Advocate Appeared:
For the Appellant : Sri Boggula Raju
For the Respondent: Sri Harender Pershad, Special Government Pleader For GP For Municipal Administration & Urban Development, Sri Harender Pershad, Special Government Pleader For Sri Sampath Prabhakar Redoy. SC FOR GHMC

Headnote:

Telangana State Building Permission Approval and Self Certification System Act, 2020 - Lands - Construct buildings - Online applications for permission - Petitioners made online applications for permission to construct buildings on their lands under relevant provisions of Telangana State Building Permission Approval and Self Certification System Act, 2020 and rules made thereunder and respondent authorities accorded permission for construction of houses - Petitioners have complied all requirements and did not violate any conditions - They did not misrepresent facts while obtaining permission, as alleged by respondent authorities - However, respondent authorities, without following principles of natural justice and in a highhanded manner, revoked the building permissions granted to petitioners - Further, there is no mention in the impugned revocation letters with regard to serving notices on petitioners, calling for explanation or affording an opportunity of hearing to them while revoking the building permissions – Held, respondent authorities are directed to bring objections to notice of petitioner therein within a period of one (1) week from today; and on receipt of such objections, petitioner shall submit his explanation to the said objections within two (2) weeks thereafter; and on submission of such explanation by petitioner, respondent authorities are entitled to pass appropriate orders in accordance with provisions of TS-bPASS Act and rules made thereunder, within one (1) week from date of receipt of such explanation - In case, if no orders are passed by respondent authorities within time indicated above, there shall be deemed approval of application of petitioner filed for construction of building - It is made clear that until passing of orders by the respondent authorities within time prescribed on explanations submitted by petitioner, petitioner shall not proceed with any type of constructions in his subject land - All these writ petitions are disposed of.

ORDER :

Since the issue involved and the point that arises for determination in all these writ petitions are identical, all these writ petitions are taken up together and are being disposed of by this common order.

2. W.P.Nos.20398, 20435, 21004, 22496, 22549, 27801, 28146, 29019, 29200 and 32665 of 2021 are filed by the petitioners, challenging the revocation letters vide letter No.37747/ GHMC/2877/2021, dated 13.05.2021; No.41444/GHMC/ 3244/2021, dated 28.06.2021;No.59116/GHMC/6222/2021,dated04.08.2021; No.58960/GHMC/6202/2021, dated 17.08.2021;No.65762/GHMC/7500/2021, dated21.08.2021; No.71482/GHMC/8570/2021, dated 02.09.2021; No.52576/GHMC/4915/2021, dated 16.07.2021; No.10098/GHMC/0182/2021, dated 11.02.2021; No. 10275/GHMC/ 0195/2021, dated 11.02.2021; and No.89893/GHMC/ 12783/2021, dated 06.11.2021, whereby, the building permissions granted by respondent authorities for construction of buildings over the respective lands belonging to the petitioners, were revoked.

3. Heard the learned counsel for petitioners in all these writ petitions, the learned Special Government Pleader appearing for the respondents in all the writ petitions and perused the record. With the consent of both the parties, these writ petitions are being disposed of at the admission stage.

4. Learned counsel for the petitioners in all these writ petitions would contend that issuance of impugned revocation letters by the respondent authorities is illegal, arbitrary and against the principles of natural justice. The petitioners made online applications for permission to construct buildings on their lands under the relevant provisions of Telangana State Building Permission Approval and Self Certification System Act, 2020 (for short, ‘TS-bPASS Act’) and the rules made thereunder and the respondent authorities accorded permission for construction of houses. The petitioners have complied all the requirements and did not violate any conditions. They did not misrepresent the facts while obtaining permission, as alleged by the respondent authorities. However, the respondent authorities, without following the principles of natural justice and in a highhanded manner, revoked the building permissions granted to the petitioners. Further, there is no mention in the impugned revocation letters with regard to serving notices on the petitioners, calling for explanation or affording an opportunity of hearing to them while revoking the building permissions. Revocation of building permission is a punitive action and any punitive action should be preceded by the principles of natural justice. The respondent authorities are bound to adhere to the principles of natural justice and since they have failed to adhere to the same, the impugned revocation letters are liable to be set aside and ultimately, prayed to allow the writ petitions as prayed for.

5. On the other hand, the learned Special Government Pleader appearing on behalf of the Advocate General for the respondents, on instructions, would submit that in view of the facts and circumstances of these cases, the impugned revocation letters passed by the respondent authorities against the petitioners stand withdrawn to the extent of revocation of permission to construct buildings. However, the objections pointed out in the impugned revocation letters holds good and the petitioners are liable to give explanation to the said objections. Once the petitioners submit their explanations to the said objections, the respondent authorities would examine the same and dispose of their applications for building permissions, in terms of TSbPASS Act and G.O.Ms.No.200, Municipal Administration and Urban Development (Plg.III) Department, Government of Telangana, dated 16.11.2020.

6. A perusal of the material placed on record reveals that the petitioners herein were granted building permissions for construction of residential buildings in their respective house plots under the relevant provisions of TS-bPASS Act and the rules made thereunder, base

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top