HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER

Heard learned counsel for the petitioners, Sri G.

Madhusudhan Reddy, learned counsel appearing for respondent Nos.2 to 4 and Sri G. Ramakrishna Reddy, learned counsel representing Sri V. Hariharan appearing for respondent Nos.5 and 6. Perused the record.

2. Respondent Nos.5 and 6 have obtained building permit order, dated 30.12.2019 from respondent No.3 for construction of one stilt+2 upper floors. As per the said building permit order, respondent Nos.5 and 6 have to commence the construction on or before 30.06.2021 and complete the same on or before 30.12.2025.

3. According to the petitioner, respondent Nos.5 and 6 have obtained the said building permit order by way of misrepresentation and suppressing of facts i.e., pendency of the suit i.e., O.S.No.300 of 2019 filed by the petitioner against respondent Nos.5 and 6 seeking perpetual injunction and learned I Additional Junior Civil Judge- cum-IX Additional Metropolitan Magistrate, Cyberabad, Kukatpally at Prasanthnagar, has granted interim order, dated 22.01.2020. Therefore, petitioners have submitted a representation, dated 17.07.2019 to respondent No.3 with a request to cancel the said building permit order obtained by respondent Nos.5 and 6. Despite receiving and acknowledging the said representation, respondent No.3 did not act upon the same. Aggrieved by the said inaction of respondent No.3, petitioners filed the present writ petition.

4. Whereas, Sri G. Ramakrishna Reddy, learned counsel appearing for respondent Nos.5 and 6, on instructions, would submit that respondent Nos.5 and 6 have already completed the construction and there is no suppression or misrepresentation of facts by respondent Nos.5 and 6 while obtaining building permit order, dated 30.12.2019.

5. Section 7 of the Telangana State Building Permission Approval and Self Certification System (TS- bPASS) Act, 2020 deals with ‘approval of building permissions’ and the same is relevant which is extracted as under:

“7. (1) … … …

(2) … … … (3) … … … (4) … … … (5) … … … (6) … … … (7) … … … (8) … … … (9) … … …

(10) … … …

(11) 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 in Greater Hyderabad Municipal Corporation Act, 1955 deals with Power of Commissioner to cancel permission on the ground of material misrepresentation by applicant and the same is relevant which is extracted as under:

“If at any time after permission to proceed with any building or work has been given, the Commissioner is satisfied that such permission was granted in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under section 428 or 433 or in the further information if any, furnished, he may cancel such permission and any work done thereunder shall be deemed to have been done without his permission.”

7. Rule 12 (viii) of the Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Rules, 2020 (hereinafter referred to as ‘the 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 the Rules, 2020 deals with ‘Competent Authority’ and it means the Commissioner, Greater Hyderabad Municipal Corporation.

9. Learned Standing Counsel appearing for GHMC, on instructions, would submit that the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad is the competent authority to revoke the building permit order