Non-disclosure of pending litigation regarding the title or possession of a property during a building permit application constitutes material misrepresentation and fraud, authorizing the municipal commissioner to cancel such permission under Section 450 of the GHMC Act.

JUDGMENT:

This Appeal is filed aggrieved by the judgment dated 21.11.2024, passed by the Chief Judge, City Small Causes Court at Hyderabad, in MA.No.56 of 2024, whereby the original speaking order vide Lr.No.645/2/A/TPS/W11/C12/KZ/GHMC/2024-1, dated 23.03.2024, passed by respondent No.2-Deputy Commissioner, Circle No.12, Khairatabad, Hyderabad, revoking the building permission granted to the appellant, was confirmed.

2. In nut-shell the facts of the case, as putforth by the appellant, are that he is the owner and possessor of the building bearing Door No.11-4-645/2/A, situated at A.C. Guards, Asifnagar, Hyderabad (hereinafter referred to as ‘the subject property’); that originally, the land in Sy.No.162 belongs to one Zohara Begum and she gifted a piece of land admeasuring 500 sq. yards to Shaik Khaja, who is the grandfather of the appellant herein, through a registered gift deed dated 5 Aban 1345 Fasli; that a shop was existing in the said Survey Number; that appellant's grandfather i.e., Shaik Khaja has gifted 500 sq. yards of land along with the shop constructed in an extent of 25 sq yards, vide H.No.11-4-645/2 to Shaik Mahboob, who is father of the appellant, through a gift deed dated 12th Aban 1951 Fasli; that the father of the appellant had been in possession and enjoyment of the same; and that, after his demise, the appellant along with his mother and brothers has been in possession and enjoyment of the said property as absolute owners.

2.1. While so, the Tahsildar, Golconda, issued notices on 16.7.1984 and 05.12.1988 demanding payment of NALA tax for the vacant land; that the TSLR issued by the Office of the Deputy Director of Survey and Land Records discloses the name of the appellant's grandfather as well as the name of Zohara Begum; that when one Mohd. Munawar Ahmed Sohail and others tried to grab 475 sq. yards of vacant land, the appellant and his brother filed LGC.No.40/2008 against the said persons before the Special Court under Land Gabbing (Prohibition) Act (for brevity, hereinafter referred to as “the Special Court”) to declare them as ‘land grabbers’; that in the said case, the appellant contended that that they are continuing tailoring business in the said shop; that the municipal authorities have allotted H.No.11-4-645/2 to the said shop; and that the appellant also filed Exs.A1 to A9 evidencing his possession and title over the said land, however, the Special Court, without considering the evidence placed on record, has dismissed the said LGC and aggrieved by the said order, the appellant preferred Writ Petition No.26607 of 2012 before this Court and the same is pending.

2.2. While the things stood thus, the Tahsildar issued proceedings under Section 6 of Land Encroachment Act dated 08.12.2017 on the pretext that the land in T.S. No.25, Block-E, Ward-38 of Mallepally Village, Asifnagar is recorded as "ABADI" in Col No.10 and as "G PWD" in Col. No.22 to an extent of 446 sq. yards and questioning the same, the appellant's brother has filed Writ Petition No.42012 of 2017 before this Court, wherein interim stay was granted and the said Writ Petition is pending consideration.

2.3. It was further averred that the appellant applied for permission for construction of G + one upper floor on Plot/H.No.11-4-645/2/A; that respondent No.1 granted permission, vide Lr.No.193724/GHMC/14723/2022 dated 22.08.2022; and that accordingly, the appellant made construction adhering to the conditions stipulated in the permission.

2.4. Su