ORAL ORDER :

Heard Sri V.M.M Chary, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri Katika Ravinder Reddy, learned Standing counsel appearing for respondent Nos.2 to 5.

Perused the record.

2. Petitioner obtained Building Permit dated

23.11.2022 for construction of Stilt for parking + 3 Upper floors. It has obtained another Building Permit Order dated

Order

29.12.2023 for construction of 1 Stilt + 4 Upper floors with regard to the subject property. Petitioner has completed construction of Stilt + 4 Upper floors strictly in accordance with the Building Permit Order dated 29.12.2023.

3. Petitioner is intending to construct one extra floor over and above 1 Stilt + 4 Upper floors. Petitioner tried to submit an application with respondent No.2 under TS-bPASS, the same is not accepting on the ground that TDR can be allowed to be utilized for construction of one additional floor over the normal permissible floors without insisting additional setbacks subject to compliance of other norms. The same is in terms of G.O.Ms.No.168 dated 07.04.2012. In proof of the same, petitioner has filed online status which shows that three applications were successful and four applications are unsuccessful, therefore, petitioner filed the present writ petition.

4. Whereas Sri Katika Ravinder Reddy, learned standing counsel appearing for respondent Nos.2 to 5 on instructions would submit that there is no provision for receipt of application physically after introduction of TS-bPASS Act,

2020. However, considering the contentions raised by the petitioner, liberty may be granted to the petitioner to submit application physically to respondent No.2 along with relevant documents and respondent No.2 will consider the same and pass appropriate orders in accordance with law.

5. Government has issued Telangana Building Rules, 2012 vide G.O.Ms.No.168 dated 07.04.2012.

Conditions are specifically mentioned therein regarding permissible setbacks and height stipulations for all types of non-high rise buildings. One of the condition is that in case of plots 300- 750 sq.m, it is permitted to transfer up to 1m of setback from any one side to any other side without exceeding overall permissible plinth area and the transfer of setback from front setback is not allowed.

6. There are guidelines on Transferable Development Right (TDR). TDR can be allowed to be utilized for construction of one additional floor over the normal permissible floors without insisting additional setbacks subject to compliance of other norms.

7. In the light of the aforesaid facts, this Writ petition is disposed of granting liberty to the petitioner to submit application along with all relevant documents to respondent

No.2 physically within one week from the date of receipt of copy of this Order and on receipt of such application, respondent

No.2 shall consider the same and pass appropriate orders strictly in accordance with law.

Respondent No.2 shall also consider the aforesaid Telangana Building Rules, 2012 issued vide G.O.Ms.No.168 dated

07.04.2012 and also aforesaid contentions mentioned by the petitioner. Respondent No.2 shall complete the said exercise within a period of four weeks from the date of receipt of application physically from the petitioner. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.

__________________ K. LAKSHMAN, J October 30, 2024 gvl