Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Fair Fields Plot Owners Welfare Association – Appellant
Versus
Hyderabad Metropolitan Commissioner – Respondent
ORDER :
1. Heard Sri V. Gopal Rao Amanacharla, learned counsel appearing for the petitioner, Sri V. Narsimha Goud, learned Standing Counsel appearing for respondent Nos.1 and 2, Sri Laxmaiah Kanchani, learned Standing Counsel appearing for respondent No.7. Perused the record.
2. Petitioner herein is a registered society registered under the provisions of the Telangana Societies Registration Act, 2001 vide registration No.1016 of 2009. Owners of plots/houses/villas are the members of the petitioner’s association.
3. M/s. Fair Fields, a company, developed land admeasuring Ac.7-37 gts., in Sy.Nos.1 to 6, 15, 16 and 47P of Neknampur village, Rajendranagar Mandal on obtaining permission No.16/MP/2/4/03 on 27.02.2003. It was for development of a gated community. The said company developed layout as a gated community with two model houses along with a room for the Welfare Association in plot No.29, Sy.No.1 to 6, 15, 16 and 47P, Neknampur village. The said lay out was fenced at the time of approval by obtaining necessary permission. At the time of approval by respondent No.1 – HMDA, respondent No.1 has allocated certain areas for common public utility such as park, septic tanks, overhead wate
Land designated for public utilities cannot be repurposed without due process and violates public trust principles, necessitating demolition of unauthorized structures.
Point of law : Section 46 of Act, it is the duty of the Gram Panchayat to provide certain amenities to the public and maintain them, such as construction of schools (clause iii), laying and maintenan....
Unauthorized construction permissions obtained through fraudulent documentation are null and void, reinforcing the principle that land designated for educational purposes cannot be unlawfully convert....
Construction on land designated as pond is prohibited by law, and unchallenged resolutions by local authorities supersede prior approvals.
since no modalities have been set forth for such use. It is clear that as on date, there is no clear-cut protocol as to who will control the utilization of the building or the community purposes for ....
The judgment establishes the principle that reserved open spaces in layouts cannot be used for any other purpose, emphasizing the public trust doctrine, the importance of preserving open spaces, and ....
Illegal construction – Demolition of - Executive and political apparatus of the State take serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies o....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
