Restrictions on construction violated equality principles as similar structures exist nearby; existing permissions require consideration in security assessments.

ORDER:

Heard the Senior Designated counsel Mr Kishore Rai, appearing on behalf of the petitioners and Mr K.Arvind Kumar, learned counsel for Central Government appearing on behalf of the respondents.

2. This writ petition is filed to issue an appropriate writ direction or order more particularly a writ of Mandamus declaring the action of the second respondent in restricting the Security Clearance for construction of residential houses in the property i.e land admeasuring Ac.1.25.75 Guntas in Sy No 90/P situated at Bandlaguda Village, Rajendernagar Mandal, Ranga Reddy District to Ground floor as arbitrary, discriminatory, illegal, null and void and without jurisdiction and consequentially, direct the Second Respondent to consider the Security Clearance for construction of the Ground Plus 2 Upper Floors for residential houses in the property i e land admeasuring 1 Acres 25.75 Guntas in Sy No 90/P situated at Bandlaguda Village, Rajendernagar Mandal, Ranga Reddy District.

3. The case of the petitioner, in brief, as per the averments made in the affidavit filed in support of the present w rit petition is as under:

a) The petitioner is the absolute ow ner and possessor of land admeasuring Ac.1.25.75 guntas in Survey No.90/ P situated at Bandlaguda Village, Rajendernagar Mandal, Ranga Reddy District having purchased the same by and under registered deed of sale deed dated 02.12.2004 bearing document No.16685 of 2006. The petitioner had executed an agreement of sale cum General Pow er of Attorney w ith possession infavour of Sri B.H.Ravikumar and Syed Shah Mahmood Hussaini vide document dated 05.06.2007 bearing document No.5692 of 2007.

b) It is the specific case of the petitioner that the property ow ned by the petitioners is a patta land and the revenue authority have issued patta to the petitioners vide pattadar passbook No.498765 bearing Patta No.230 and title deed No.498766 issued by the Special Grade Collector and Revenue Divisional Officer, Chevella Division, Ranga Reddy District and the Deputy Collector and Mandal Revenue Officer, Rajendernagar Mandal, Rangareddy District had by proceedings No.B/ 5/ 2007, dated 30th March, 2007 mutated the name of the petitioner in pursuance of the sale deed and the petitioner to develop the property ow ned by the petitioner had applied to the Grampanchayat, Bandlaguda, Rajendranagar, Ranga Reddy District and obtained sanction for construction of 17 Duplex Villas vide permission dated 05.01.2011. The petitioner before purchase of the property inspected the No objection Certificate issued by the 2nd respondent to the vendor of the petitioner, w hereunder the 2nd respondent vide letter dated 29.05.2006 reported no objection for construction of residential houses in the property covered by SurveyNo.90 (part) of Bandlaguda Village, subject to the condition that the building shall be constructed in accordance w ith approved plan.

c) It is further the case of the petitioner, that w hile the construction is in progress, the officials of the 2nd respondent had in first w eek of January, 2013 come over to the site and requested for the building permission w hich w as already displayed over the site but still the petitioner had furnished a copy of the sanctioned plan to the officials of the 2nd respondent in January, 2013 itself on 18.01.2013 the officials of the2nd respondent once again came to the site and called upon the petitioner to obtain no objection from the 2nd respondent for construction over the property belonging to the petitioner though the petitioner had show n the no objection certificate already issued to the vendors of the petitioner still the 2nd respondent called upon the petitioner to obtain NOC in the name of the petit