COMMON ORDER:

W.P.No. 15952 of 2022:

This Writ Petition is filed seeking the following relief:

(cid:147) to issue a writ of mandamus, or any other writ, order or direction particularly in the nature of a writ directing the respondents herein:

(I) Not to make or allow making any construction in Survey Nos. 239 and 240 of Kokapet Village, Ranga Reddy District including construction of the Flyover reducing or likely to reduce the road width of the Access road to Movie Towers to less than 30 meters during and also after such construction.

(II) To remove all such constructions to the extent already made including construction of the flyover reducing or likely to reduce the road width of the access road to movie towers to less than 30 meters during and also after such construction.

(III) To forthwith furnish the entire information sought by the petitioner under application dated 27.12.2021 under Section 16(1) of the RTI Act after declaring the impugned action of the respondents as arbitrary, discriminatory and violative of Articles 14, 19(1)(a) and 21 of the Constitution of India and contrary to the provisions of the Hyderabad Revised Building Rule 2006 and the Right to Information Act and pass such other or further orders as this Hon(cid:146)ble Court deems fit and proper in the circumstances to secure the ends of justice.

2. Petitioner is a resident of MOVIE Towers Residential Complex. It is the case of the petitioner that the respondents undertook a prestigious NEOPOLIS project for development of IT & ITES SEZs. by providing suitable infrastructure facilities in Acs.119.00 land in Survey Nos. 239 and 240 of Kokapet Village. In the said layout, a proposed road is shown on the North of MOVIE Towers and a proposed flyover is shown on the Eastern side of MOVIE Towers using the existing access road space of MOVIE Towers. It is stated that the purported road shown in the said layout plan on the North side of MOVIE Towers is absent in the HMDA Master Plan, 2031. It is stated that under Rule 9.6 of the Hyderabad Revised Building Rules, 2006, the minimum abutting road width for high-rise building / complex of above 50 meters height is 30 meters and all round open space is 16 meters. The height of the MOVIE towers is 59.60 meters consisting of total 320 flats and all round open space is 17.17 meters on three sides and 17.20 meters in the West. As part of the project, the respondents are undertaking construction of flyover using most part of the existing 36 meters wide access road area on the Eastern side of MOVIE Towers thereby shrinking the required width of the access road to MOVIE towers. Consequently, the required width of access road under the Regulations will not be available to the existing MOVIE Towers thereby violating the Regulations. The access of the road towards Gandipet - Shankarpally road is also cut. No notice or any action whatsoever is initiated till date to acquire the private land on the Northern side of MOVIE Towers to lay any road till date. Further, the entire area is full of dust and other pollution due to blastings, crushers and ongoing massive levelling works of removing the rocky hills.

On 27.12.2021, the petitioner gave a representation to the 3rd respondent asking them the following information:

i. Occupancy Certificate dated 08.07.2019 building permit proceedings No. 1572 / P4 / PLG / HMDA / 2009 pertaining to MOVIE Towers.

ii. What is the required approach road width under Regulations for said ground + 19 upper floors MOVIE Towers building height 59.6 meters.

iii. Copy of proposed layout plan in Sy.Nos. 239 and 240 of Kokapet Village, RR District.

iv. Copies of proposed layout plan and working drawings of the flyover proposed to be constructed connecting directly to ORR in front of MOVIE Towers.

v. Copies of proposed access to MOVIE Towers as per the layout plan with working drawings.

vi. Proposed plan to secure uninterrupted access to 30 meters wide road for MOVIE Towers during the time of and after construction of flyo