Where a factual dispute exists regarding the encroachment of a protected buffer zone despite a valid building permit, the court may direct a joint survey by relevant authorities to determine the facts before deciding on the legality of the construction.

ORDER

This Writ Petition is filed to declare the action of the 4th respondent in interfering with petitioner’s peaceful possession by obstructing the construction of petitioner’s individual residential building in plot No.31 (Southern Part), street/road Goudapuri, Locality ‘Ashok Colony’. in Sy. Nos.522 (part), 523 and 524, situated at Kapra village, Kapra Mandal, Kapra Circle-1, LB Nagar Zone, Medchal-Malkajgiri District, despite the valid building permission and work commencement letter granted by the respondent Nos.5 and 6, as illegal and arbitrary.

Heard Sri Chatla Madhu, learned counsel for the petitioner, Sri L. Ravinder, learned Assistant Government Pleader for Revenue, appearing for the respondent Nos.1 to 4 and Sri P. Sreenivasa Rao, learned Standing Counsel for the respondent Nos.5 and 6. Perused the material available on record.

Learned counsel for the petitioner would submit that the petitioner is legally in possession of the subject property and for which, the 5th respondent-GHMC has sanctioned building permission in favour of the petitioner vide TG-bPASS Building Permit Order bearing Application No./Permit No.431020GHMC151172024, Permit No.4310207988GHMC2024 dated 04-09-2024 and thereafter, he started construction of residential building. While it is so, the respondent No.4 is trying to dispossess the petitioner from the subject land based upon the complaint filed by the local people. He would further submit that the local people due to the personal grudge against the petitioner filed a complaint stating that the subject land is under revenue enquiry and is alleged to be the ‘Government land’. Based upon which, the 4th respondent acted upon and inspected the building and unilaterally decided that the petitioner had encroached the existing Kapra Lake Nala Buffer Area situated at Ashoka Colony, on the strength of the building permit granted by the 5th respondent. He would further submit that no notice was issued to the petitioner before conducting any inspection and without issuing any notice conducting inspection in the property of the petitioner is per se illegal and seeks to pass appropriate orders.

Learned Assistant Government Pleader for Revenue would submit that since it has been found that the petitioner has illegally encroached the existing kapra buffer area, it is impermissible and contrary to the subject building permit granted by the 5th respondent and is violation of the conditions as contemplated in the said building permit. He would further submit that building permission sanctioned was subject to certain conditions as per Clause 5.f (i) to (vii) (xi), (xiv) of G.O.Ms.No.168 dated 07-04-2012. Therefore, having received the complaint from the local people, necessary inspection was conducted pertaining to the land covered in the buffer area but not the land of the petitioner by the official respondents and since it has been noticed that the petitioner has been encroached upon the property of the buffer zone, necessary caution has been given to the petitioner not to proceed until the joint survey will be conducted along with officials. Despite the said oral caution given to the petitioner, the petitioner is continuing the said construction and therefore, seeks to dismiss the Writ Petition.

Learned Standing Counsel for the respondent Nos.5 and 6 has contended in the similar lines as contended by the learned Assistant Government Pleader for the Revenue.

Having regard to the submissions made by the learned counsel on both sides, and upon a careful consideration and examination of the material available on record, this Court is of the view that the petitioner contends that he has not encroached upon the Buffer Area of Kapra Lake / Nala Buffer Zone, whereas the official respondents assert that the petitioner has, in fact, encroached into the said buffer zone.This aspect is to be known only after conducting joint survey by the respondent No.5 along with 6th responde