THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION No. 18899 OF 2021

O R D E R:

This Writ Petition is filed to declare the action of the respondents in rejecting the petitioner’s building permit Application dated 25.02.2020 as per the rejection letter dated 04.01.2021 vide letter No. 1/C18/03980/2020 pertaining to the land admeasuring 1836 square yards in Survey No. 112, Ward No. 89, Block-L, Khairatabad, TS No.1(2) bearing H.No. 8-2-

672/B/2/1 situated at Road No.1, Banjara Hills, Hyderabad.

2. Sri D. Vijaya Kumar, learned counsel for the petitioner submits that the petitioner’s building Application was rejected by the respondents by proceedings dated 04.01.2021 stating that ‘since proposed site is earmarked for park in the layout plan known as Tareeq Mirza Layout in Permit No. 7/57 in File No. 34/TP/A2/75, dated 07.12.1979 admeasuring an extent of 1836.44 square yards in Survey No. 112 situated at Banjara Hills, Hyderabad. In view of the same, the proposals and plans are returned and the petitioner shall not commence any type of construction till the specific sanction is obtained form GHMC’. Learned counsel submits that the petitioner entered into a development agreement with Mr. Zia Ahmed Irfan and others as per the registered Development Agreement vide document No. 7289 of 2018 in respect of the land admeasuring 1836 square yards in Survey No. 112, Ward No. 89, Block-L, Khairatabad. He submits that originally, Smt. Vikarunnisa Begum was the owner of the property and when the respondent Corporation tried to interfere over the said property on the ground that the said property is earmarked as park in Tariq Mirza Layout, she filed O.S.No. 1549 of 2000 against the Corporation and the Court by judgment and decree dated 22.03.2005, has decreed the suit. It is stated that finally, the matter was carried to the Hon’ble Apex Court and the Hon’ble Supreme Court affirmed the same and observed that the respondent Corporation can file the declaration suit against the said property. It is stated that accordingly, the respondent Corporation has filed a suit for declaration i.e. O.S. No. 704 of 2010 on the file of the XI Additional Chief Judge, City Civil Courts, Hyderabad and the suit was dismissed on 25.06.2015 after full-fledged trial. Learned counsel for the petitioner submits that the respondent Corporation failed to question the said judgment and decree and that has attained finality. He submits that now, it is not open for the respondent Corporation to put-forth very same plea that the said land belongs to the Corporation and it is earmarked for park. He also submits that the letter from the Joint Collector, Hyderabad dated 08.05.2007 clearly shows that it is not the government land and cleared by the ULC authorities on 23.04.2007. It is submitted that right from the year 2000, the owners of the property are made to run from pillar to post, in spite of suffering two decrees, till now the municipal Corporation maintains the same stand that it is earmarked as park. He submits that the petitioner’s landlords are in possession of the subject property prior to filing of O.S. No. 1549 of 2000 and continued their possession. He submits that the official respondents have issued the building permission dated 18.03.2021 to the immediate neighbour of the subject property i.e. K. Narasimha Murthy and others in respect of the premises bearing No. 8-2-472. He submits that the copy of the plan annexed to the sale deed of the said owner is filed by the official respondents along with the counter-affidavit. He submits that they have also issued building permission to M/s Neelanchal Projects bearing premises No. 8-2-472/1 as per the building permit dated 26.04.2021. It is stated that if the case of the respondents is that the property is meant for open space zone, they cannot grant permission to the neighbours as well. He submits that in the counter, the respondent Corporation has taken a stand with regard to the land use certificate dated 08.