IMPORTANT POINT
The court affirmed that building permissions can be withheld pending litigation concerning land use and encroachments, emphasizing adherence to statutory provisions.

ORDER :

W.P. NO. 33974 OF 2023

1. Respondent No. 4 in W.P. No. 33974 of 2023 is petitioner in W.P. No. 4832 of 2023. Respondent No. 3 in W.P. No. 33974 of 2023 is respondent in W.P. No. 4832 of 2023.

2. Heard Mr Vijay B.Paropkari, learned counsel appearing on behalf of the petitioners and Mr K.R. Koteshwar Rao, learned standing counsel appearing on behalf of the respondents 1 to 3 and Mr R.Dheraj Singh, learned counsel appearing on behalf of the 4th respondent.

3. The petitioners, Smt B.Lalitha Devi, Resident of Nizamabad District and Thalla Rahul, R/o Bowenapally, Secunderabad, approached the Court by filing the writ petition No. 33974 of 2023 seeking prayer as under:

“...to issue a Writ, direction or orders, more particularly a Writ in the nature of mandamus, declaring the action of the respondents more particularly that of the respondent No 3 in informing petitioners that final building plan over the subject plot cannot be released until the case in W.P. No. 4832 of 2023 is over in spite of the fact is over in spite of the fact that permission was accorded to the petitioner No. 1 on 28.10.2023 as intimated petitioners vide letter No. SCB/EB/Plot No. 41/PADMANABHACHS/387/996/ SRPURAM dated 14.11.2023 is challenged in this writ petition, as being arbitrary, illegal and violative of Articles 14, 19 (1) (g), 21 and 300-A of the Constitution of India and consequently direct the respondent to issue plinth checking certificate to enable the petitioner No. 2 to proceed with further construction over Plot No. 41 over which permission is accorded to G plus 2 and pass...”

4. Heard Mr R.Dheeraj Singh, learned counsel appearing on behalf of the petitioner and Mr K.R. Koteshwar Rao, learned standing counsel appearing on behalf of the respondent.

5. The petitioner, Maruthinagar Residents Welfare Association, Maruthinagar, Old Bowenapally, Secunderabad, approached the Court by filing the writ petition No. 4832 of 2023 seeking prayer as under:

“to issue a writ in the nature of a writ of Mandamus or any other appropriate writ, direction, order or orders declaring the inaction of the Respondent in not taking action on the encroachments and highhanded illegal constructions being carried out against to the approved layout vide CBR No. 2(26) dt.09.08.1988 and the confirmed by the Directorate Defence Estates, Southern Command, Pune letter no. 304/NCA/ PADNABHA/CHS/B/DE dt.29.01.1989 in the park land and thereby illegal converting the open space provided for overhead water tank abetting to the Plot No. 1 and proposed road towards north at Sy.Nos.6, 8 and 9 of Maruthi Nagar Colony, Old Bowenpally, Secunderabad, is illegal and void and against to the provisions of the Cantonments Act, 2006 and consequently direct the Respondent to restore the park land and the space provided for overhead water tank abetting to the Plot No. 1 and proposed road towards north as per the approved layout vide CBR.No. 2(26) dt.09.08.1988 and confirmed by the Directorate Defence Estates, Southern Command, Pune letter no. 304/NCA/PADNABHA/CHS/B/DE dt.29.01.1989 in the interest of justice.”

6. PERUSED THE RECORD:

(A) The impugned letter dated 14.11.2023 issued by the 3rd respondent herein reads as under:

“In the above said subject, it is to inform that this office has received several complaints from the Marutinagar residents welfare Association regarding encroachment on Park land and moreover there is a Court case filed by the Welfare Association in W.P. No. 4832 of 2023 which is pending for adjudication.

Hence, the final building plan cannot be released until the Court case is disposed. It is to inform that no further construction of the subject site is allowed any deviation in the matter shall be dealt according to the Cantonments Act, 2006.

(B) Counter affidavit filed by respondent No. 4, and the relevant paragraph Nos.7 and 10, reads as under:

“7. In reply to Para No. 8, the Respondent No. 3 has rightly withheld from releasing the final building plan over Plot No. 41 subject to outco