Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Sri Udbhava Infra Developers Pvt. Ltd. – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. entitlement to reduced development charges (Para 1 , 3 , 4 , 5 , 6 , 9 , 10) |
| 2. arguments supporting the petitioner's claim (Para 12 , 13 , 14 , 15) |
| 3. arguments opposing petitioner's claims (Para 16 , 17 , 18 , 19) |
| 4. court's analysis on development charges (Para 20 , 21 , 22) |
| 5. final ruling on the matter (Para 23 , 24) |
ORDER :
Laxmi Narayana Alishetty, J.
This writ petition is filed to declare the proceedings dated 21.04.2014 and 19.12.2013 issued by the 2nd respondent, as arbitrary and illegal being contrary to the terms of G.O.Ms.No.118, MA and UD Department, dated 16.02.2009, and also to declare the Circular dated 19.03.2009, 10.03.2010 and condition No.9 of approval dated 21.02.2009, as arbitrary and illegal and for consequential reliefs.
2. Heard Sri Hari Sreedhar, learned counsel for the petitioner and Sri Siddhartha, learned counsel representing Sri V.Narasimha Goud, learned Standing Counsel for respondent No.2.
3. The brief facts of the case are that the petitioner submitted application dated 04.08.2008 seeking permission for development of land admeasuring 46,793.62 Square Meters in Sy.Nos.485-491, 492/3 and 496 of Madhavaram Village, Jinnaram Mandal, Medak Di
Authority must adhere to applicable regulatory frameworks when determining development charges and project timelines, ensuring compliance with statutory periods defined in the HMDA Act.
The main legal point established in the judgment is that the authority to levy development charges must be in existence at the time of granting permission, and the recovery of the amount of premium o....
Development charges for nazul land must be assessed and determined at the time of granting permission, and any subsequent demand based on later government resolutions is not legally valid.
A mandamus issued by the court creates vested rights that restrict the imposition of additional charges for planning permission if initial conditions were met according to earlier mandates.
The government order on reduced infrastructure charges is not retrospective; thus, liabilities incurred before its issuance must adhere to earlier regulations.
Only charges specified in Section 15(2-A) can be levied.
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
