Failure to provide access for application submission due to technical issues constitutes a violation of fundamental rights under Article 19(1)(g) of the Constitution.

ORDER :

B. VIJAYSEN REDDY

The writ petition is filed by the petitioner seeking the following relief:

“… to issue any appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent nos.2 and 3 in not providing key to upload the petitioner revised building application in respect of Existing 2 cellars + 1 Stilt + 3 upper floors and proposed 7 upper floors on existing building in Plot no. open plot situated at Sy.No.249/A and 317 of Dommara Pochampalle, Dundigal Gandimaisamma Mandal, Medchal- Malkajgiri District, as illegal, arbitrary and in violation of Article 19 (1)(g) of Constitution of India and consequently direct the respondent nos.2 and 3 to accept and process the revised building application of the petitioner company by providing key in respect of Existing 2 cellars + 1 Stilt + 3 upper floors and proposed 7 upper floors on existing building in Plot no. open plot situated at Sy.No.249/A and 317 of Dommara Pochampalle, Dundigal Gandimaisamma Mandal, Medchal-Malkajgiri District, and pass …”

2. Heard Mr. S. Sridhar, learned counsel for the petitioner, Mr. V. Narsimha Goud, learned standing counsel for Hyderabad Metropolitan Development Authority (HMDA), appearing for respondent Nos.2 and 3, and Mr. Putta Krishna Reddy, learned standing counsel for Municipalities, appearing for respondent No.4.

3. It is submitted that petitioner - firm is the owner of the open land admeasuring 15125 square yards in Survey No.249/A and Survey No.317 situated at Dommara Pochampally Village, Quthbullapur Mandal, (Now Dundigal Gandimaisamma Mandal), Ranga Reddy District, (Now Medchal - Malkajgiri District), having purchased the same under registered sale deed bearing document No.2483 of 2022 dated 17.02.2022. Petitioner intended to develop the subject property, as such, it executed a registered development agreement - cum - general power of attorney (for short ‘DAGPA’) in favour of M/s. S.V. Projects vide document No.4063 of 2022 dated 17.03.2022.

4. It is submitted that in furtherance of said DAGPA, petitioner - firm applied for building permission with respondent No.2 for construction of residential building consisting of proposed (Block B) (1 Stilt + 3 Upper Floors) proposed (Block A) (2 Cellar + 1 Stilt + 3 Upper Floors) proposed (Amenities Block) (1 Stilt + 4 Upper floors) in the subject property. Respondent No.2 has considered the application, approved the same, and addressed a letter to respondent No.4 to issue building permit order vide Lr.No.002826/BP/HMDA /MED/2023 dated 09.05.2023. Thereafter, the respondent No.2 issued building permit order, and on the same day and the petitioner started construction as per the permit order.

5. It is submitted that later on 30.09.2023 revised building permission was submitted by the petitioner to respondent No.2 with a proposal to construct residential building consisting of existing 2 cellars + 1 Stilt + 3 Upper Floors and proposed 7 upper floors over and above the earlier existing building in the subject property. In response thereto, respondent No.3 issued short fall letter on 12.10.2023 indicating certain short falls and petitioner was directed to comply the short falls within seven (7) days.

6. It is submitted that petitioner has complied with the short falls, and thereafter respondent No.2 vide letter dated 04.11.2023 informed the petitioner that their application for revised building permission dated 30.09.2023 was rejected on the ground that proposal submitted by them is not as per the building rules.

7. It is submitted that the revised building permission submitted by the petitioner was re