Only the Commissioner has the authority to revoke building permits under the TS-bPASS Act and GHMC Act, not the Deputy Commissioner.

ORAL ORDER :

Heard Sri S. Sridhar, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri M.A.K.Mukheed, learned Standing counsel appearing for respondent Nos.2 and 3. Perused the record.

2. Petitioner is claiming that he is the absolute owner and possessor of Southern part of H.No.1-57/1039 and 1040/B (PTIN No.1119977790) on Plot No.1040-B, in Sy.Nos.201, 202, 204 and 205, consisting ACC Room with 100 sft., admeasuring 120 sq.yds., situated at Sri Ram Nagar Colony B-Block, Beside Botanical Garden, Kondapur Village, Serilingampally Mandal, Under GHMC Serilingampally, Ranga Reddy District, on the strength of a registered sale deed bearing document No.18867 of 2019, dated 04.11.2019. His vendor’s vendor has also obtained LRS proceedings dated 19.11.2012 in respect of the subject property. He has obtained Building permit order dated 25.04.2024 under TS-bPASS by way of self- declaration and self-certification, for construction of Stilt for parking + 2 Upper floors. The same was revoked by way of Revocation letter dated 23.05.2024 by respondent No.3 on the ground that as per the inspection and scrutiny report of the TPS & ACP-20, the proposed construction of Stilt + 2 Upper floors for residential use purpose in Plot Nos.1039 and 1040-B in Sy.Nos.201, 202, 204 and 205 situated at Kondapur Village is covered by Government land and has been entered in prohibitory watch register recording as ceiling surplus land and the prima facie title is not established. It is further mentioned that the proposed site is falling in unapproved layout and the same is not regularized under any G.O issued by Government from time to time. Seven (7) days time was granted to submit explanation, failing which, the provisional permission granted will be revoked without further notice. Challenging the said Revocation letter dated 23.05.2024, petitioner filed the present writ petition.

3. Sri S. Sridhar, learned counsel for the petitioner would contend that respondent No.3 has no power or authority to issue revocation order. He has placed reliance on Section 7(11) of TS-bPASS Act, 2020 and also Rule 12(viii) of TS-bPASS Rules, 2020. It is the Commissioner who has power to revoke building permission.

4. Whereas, Sri M.A.K.Mukheed, learned Standing counsel appearing for respondent Nos.2 and 3 on instructions would submit that respondent No.3 has no power to revoke the Building permit order.

5. In the light of the said submission, it is relevant to note that Section 7(11) of TS-bPASS Act, 2020, says that the permission issued under deemed clause can be revoked by the commissioner within 21 days from the date of deemed approval if it is found that deemed approval has been obtained by mis-representation of the facts or false statements, and/or against the building rules, regulations and Master Plan land use provisions.

6. Section 450 of the GHMC Act, 1955 deals with power of Commissioner to cancel permission on the ground of material misrepresentation by applicant.

7. Rule 12(viii) of TS-bPASS Rules, 2020, says that the permission issued under deemed clause can be revoked by the Competent Authority within 21 days from the date of deemed approval without any notice, if it is found that deemed approval has been obtained by misrepresentation of the facts or false statements, and/or against the building rules, regulations and Master Plan land use provisions.

8. Rule 2(vi) of TS-bPASS Rules, 2020 deals with definition of “Competent Authority”, which means, the Commissioner of Greater Hyderabad Municipal Corporation.

Admittedly, the word used is Commissioner. There is no delegation of power to the Deputy Commissioner to issue Revocation letter by invoking power under Section 7(11) of TS-bPASS Act, 2020, Rule 12(viii) of TS-bPASS Rules, 2020 and Section 450 of the GHMC Act, 1955. Thereafter, respondent No.3, being Deputy Commissioner has no power to revoke the Building permit