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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI
M.Ashok – Appellant
Versus
Sccunderabad Cantonment Board – Respondent
JUDGMENT :
TIRUMALA DEVI EADA, J.
This is an appeal filed by the appellants, being aggrieved by the judgment and decree, dated 26.10.2018 passed in O.S.No.117 of 2012 by the learned I Additional Chief Judge, City Civil Court, Secunderabad (for short “the trial Court”).
2. The appellants herein are the plaintiffs and the respondent is the defendant before the trial Court. The parties herein are referred to as they were arrayed in the suit before the trial Court for the sake of convenience and clarity.
3. The case of the plaintiffs before the trial Court is that plaintiffs have entered into a Development Agreement – cum – Irrevocable General Power of Attorney in favour of M/s.Maha Laxmi Homes, represented by its proprietor Sri P.Srinivas in respect of plot No.26, survey Nos.67 and 69 admeasuring 550 Sq.yards situated at LIC Colony, Boosareddyguda of Bholakpur village, Secunderabad Cantonment vide document No.701 of 2011 dated 27.05.2011. It is further averred that there was an error in the said development agreement and thus they got a rectification deed registered vide document No.768 of 2011 dated 09.06.2011 and that they intended to construct a residential complex and obtained sanctio
The court upheld the validity of the notice issued under Section 320 of the Cantonment Act, confirming that significant deviations from the sanctioned construction plan justified the action taken by ....
Civil courts retain jurisdiction to adjudicate claims for natural justice violations, despite statutory bars under the Cantonments Act.
A writ petition challenging local authority actions is not maintainable when alternative statutory remedies are available, especially if a related appeal is pending.
Construction without adherence to sanctioned plans violates legal provisions and prior judgments limit contradictory claims in property disputes.
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