HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION Nos.3698 and 16595 of 2023

COMMON ORDER:

The issues involved in both these writ petitions are intrinsically interconnected and hence, they are taken up and heard together and are being disposed of by this common order.

2. Writ Petition No.3698 of 2023, under Article 226 of the Constitution of India, is filed by the petitioners, seeking the following relief:

“…to issue an appropriate order, writ or direction more particularly one in the nature of writ of mandamus declaring the revised layout permit No.2755/Layout/CDA/PLG/HMDA/2002, dated 26.04.2013 and permit No.39591/HO/WZ/Cir.-11/2015, dated 20.01.2015 in File No.B/429/TPS/TP-11/GHMC/2014, and Revised Permit No.53374/HO/WZ/Cir-11/2016, 03.11.2017 in File No.117404/21/02/ 2017/HO/29 and Order in Lr.No.117404/21/02/2017/HO/29, dated 09.01.2023 passed by 1^st respondent, as illegal, arbitrary, contrary to law, without jurisdiction and violative of Articles 14, 21 and 300A of the Constitution of India and consequently set aside the same, in the interest of justice.…”

3. Writ Petition No.16595 of 2023, under Article 226 of the Constitution of India, is filed by the petitioners, seeking the following relief:

“…to issue a writ, order or direction more in the nature of writ of Mandamus declaring the order Dt.9-01-2023 vide Lr.No.117404/21/02/2017/HO/29 of the respondent No.1/The Commissioner GHMC, disposing off the objection and upholding the revised permit No.2755/Layout/CDA/PLG/HMDA/2002 Dt 26-04-2013 and permit No.39591/HO/WZ/Cir-11/2015 Dt.20-1-2015 vide file No.B/429/TPS/TP-11/GHMC/2014 and revised permit vide file No. 53374/HO/WZ/Cir-11/2016 Dt.3-11-2017 in file No.117404/21/02/ 2017/HO as illegal, arbitrary without power or authority in terms of Art

14, 21 and 300-A of the Constitution of India and set-aside the same and consequently declare the Relinquishment deed No.4361 of 2013 dated 18-03-2013 executed by respondent No.2/Metropolitan Commissioner HMDA in favour of the respondent No.3/M/s.Patel Engg Ltd and the gift deed No.4360 of 2013 dt.18-03-2013 executed by the respondent No.3 in favour of the respondent No 2, and gift deed No.18628 of 29-10-2021 as null and void..…”

4. Writ Petition No.3698 of 2023 is filed by M/s.Rolling Hills House Owners Association (hereinafter referred as ‘Association’) and W.P.No.16595 of 2023 is filed by the members of the Association. Writ Petition No.16595 of 2023 is taken up as a leading case to decide the lis in these two cases.

5. The brief facts of the case are as follows:

6. It is stated that the members of petitioner No.1-Association had purchased residential plots in a gated community developed over land admeasuring Ac.18.14 guntas in Survey No.31, situated at Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, pursuant to a final layout approved by the-then Cyberabad Development Authority (CDA). On 26.07.2004, the CDA issued final layout approval upon completion of the project, after accepting the gift deed and taking over the designated open spaces. It is further stated that on 10.08.2004, the CDA released the mortgaged area for finalization of the layout, and subsequently, the final layout approval was granted vide Permit No.2755/Final/Layout/CDA/2002 dated 23.08.2004. Thereafter, the land was developed into a gated community, and construction of 101 independent residential buildings was undertaken based on Permit No.5085/BP/CDA/2004 dated 10.11.2004. It is stated that the Respondent No.3 sold several houses in the said layout to the petitioners under registered sale deeds and the members of the Association have been in peaceful possession and enjoyment of their respective houses since 25.04.2009, and they have also been maintaining the internal roads and open spaces. Since then, the respondent No.3 ceased to have any ownership, title, possession, or interest over the said land. It is further stated that on 17.08.2006, respondent No.3 submitted an application seeking revi