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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Shaik Khaisar Mahboob – Appellant
Versus
Greater Hyderabad Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. factual background and property ownership (Para 1 , 2) |
| 2. arguments regarding misrepresentation in construction application (Para 4 , 5 , 6 , 7 , 8) |
| 3. court analysis of building permission criteria (Para 9 , 10 , 11 , 12) |
| 4. consequences of misrepresentation under ghmc act (Para 13 , 14 , 15 , 16 , 17) |
| 5. final ruling and dismissal of appeal (Para 19 , 20 , 22 , 23 , 24) |
JUDGMENT :
LAXMI NARAYANA ALISHETTY, J.
This Appeal is filed aggrieved by the judgment dated 21.11.2024, passed by the Chief Judge, City Small Causes Court at Hyderabad, in MA.No.56 of 2024, whereby the original speaking order vide Lr.No.645/2/A/TPS/W11/C12/KZ/GHMC/2024-1, dated 23.03.2024, passed by respondent No.2-Deputy Commissioner, Circle No.12, Khairatabad, Hyderabad, revoking the building permission granted to the appellant, was confirmed.
2. In nut-shell the facts of the case, as putforth by the appellant, are that he is the owner and possessor of the building bearing Door No.11-4- 645/2/A, situated at A.C. Guards, Asifnagar, Hyderabad (hereinafter referred to as ‘the subject property’); that originally, the land in Sy.No.162 belongs to one Zohara Begum and she gifted a piece of land admeasuring
Building permission must be obtained with full disclosure of all relevant facts, including pending litigation; failure to do so constitutes misrepresentation under Section 450 of the GHMC Act.
Building permits obtained through misrepresentation can be revoked by the Commissioner, emphasizing the necessity for truthful declarations in property disputes.
Point of law: There is a presumption that public officials would discharge their duties honestly and in accordance with law. Even administrative power to be exercised to fulfill real purpose and not ....
Material misrepresentation in obtaining a building permit justifies cancellation under Section 450 of the GHMC Act.
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