THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.33737 OF 2024

ORDER:

The writ petition is filed by the petitioner seeking to call for the records and set aside the impugned short fall letter in File No.005803/BP/HMDA/1327/MED/2024 dated 21.09.2024 issued by respondent No.2 in respect of the construction of residential building consisting of two (2) Cellar + one (1) Ground + five (5) Upper floors in Plot No.NA admeasuring 8377.27 square meters in Survey Nos.330P and 333P situated at Dommara Pochampalle Village, Dundigal Gandi-Maisamma Mandal, Medchal- Malkajgiri District, as the same being illegal, arbitrary and contrary to the provisions of the Telangana State Building Permission and Self Certification System, 2020 (for short ‘TG-bPASS’ Act’) and the Hyderabad Metropolitan Development Authority Act 2008 (for short ‘HMDA Act), and consequently direct the respondent authorities to issue fee intimation letter/work commencement letter under Section

20(3) of the HMDA Act forthwith.

2. Heard Mr. S. Sridhar, learned counsel for the petitioner, Mr. V. Narsimha Goud, learned standing counsel for HMDA, appearing for respondent Nos.2 and 3, and Mr. Putta Krishna Reddy, learned standing counsel for Municipalities, appearing for respondent No.4.

3. It is submitted that one Mr. Matkala Yadaiah S/o. late Mallaiah Goud was the owner of the agricultural land admeasuring Acs.2-17 guntas in Survey No.330 situated at Dommerapochampally Village, Gandimaisamma Mandal, then Medchal District, by virtue of gift settlement deed executed by his mother and two sisters vide document No.4764 of 2017 dated 29.07.2017. Thereafter, Mr. M. Yadaiah, got his name recorded in revenue records and he was issued e-pattadar passbook, and his name was also recorded in Dharani portal as pattadar.

4. It is submitted that due to efflux of time, the nature of land got converted from agricultural to non-agricultural land due to rapid urbanization and construction of Outer Ring Road (ORR) around the subject property. The said Mr. M. Yadaiah applied for conversion of agricultural land to non-agricultural land before the Revenue Divisional Officer, Malkajgiri Division (RDO). The RDO has accorded permission vide proceedings No.L/294/2017 dated 15.12.2017. Later, the petitioner - firm purchased an extent of land admeasuring 2057 square yards out of Acs.2-17 guntas in Survey No.330 and 1210 square yards out of 3630 square yards in Survey No.333/A, totaling to 3267 square yards from Mr. M. Yadaiah and his two (2) sisters vide registered sale deed bearing document No.12205 of 2021 dated 16.08.2021. Mr. M. Yadaiah has exchanged his remaining extent of land in Survey No.330 under an exchange deed bearing document No.10754 of 2021 dated 17.07.2021 with Sri Ganapathy Sachitandanda Avadhoota Datta Peetha Trust for an extent of 3630 square yards or 30 guntas.

5. It is submitted that Mr. M. Yadaiah executed a registered Development Agreement-cum-General Power of Attorney vide document No.12204 of 2021 dated 16.08.2021 in favour of the petitioner - firm for the entire extent of land and from then the petitioner - firm is in peaceful possession of the subject land. It is submitted that respondent Nos.2 and 3 authorities grant only technical approval and respondent No.4 grants building permission based on such technical approval. However, the petitioner applied for grant of technical approval and building permission with respondent No.3. Respondent No.3 did not consider both the applications for the reason that there is no approach road, and the same is not captured in the master plan, and advised petitioner to approach Hyderabad Growth Corridor Limited for obtaining No Objection Certificate (for short ‘NOC’) for the existing access from ORR service road to the said site. Aggrieved by the action of respondent authorities in not granting building permission, the petitioner filed W.P. No.1216 of 2024, which was disposed of by this Court by this order dated 18.03.2024 with the follow