When a civic authority grants building permission while objections regarding land title and lease validity are pending, it must prima facie examine these objections. Failing to consider documented objections from a lessor regarding title and lease validity renders the building permit unsustainable and liable to be set aside.

ORDER:

This Writ Petition is filed to declare the action of respondent No.2 in granting building permission to respondent No.3-Education society, vide Building Permit No.6202/GHMC/KHB/2024-BP, dated 20.11.2024, without considering the objections raised by the petitioner Society, vide representation, dated 17.08.2023, vide Ref.No HJCHBSL/281/2023, as arbitrary, illegal, without jurisdiction and in violation of provisions of the Greater Hyderabad Municipal Corporation Act, 1955 (hereinafter referred to as ‘the GHMC Act’) and Articles-14 and 300A of the Constitution of India and consequently, to quash/set aside the same.

2. Heard Sri V.Hari Haran, learned senior counsel, appearing for Sri Rohit Pogula, learned counsel-on-record for petitioner, Sri Vivek Jain, learned counsel for respondent No.3 Education Society and Sri Midde Arun Kumar, learned Standing Counsel for GHMC respondent No.2.

3. Brief facts of the case as averred in the writ affidavit are that the petitioner, a registered society, was allotted land admeasuring Acs.1,398 in Sy.No.120/403-1 of Shaikpet Village and Sy.No.102/1 of Hakimpet Village, Golkonda Taluk, Hyderabad District; that the petitioner-society developed the said land and divided the same into plots along with necessary amenities like parks, open spaces, etc.,; that as part of its objects to provide infrastructure including educational facilities to members and their families and residents of Jubilee Hills Township, it has earmarked an extent of Acs.6.02 guntas equivalent to 29,282 square yards in Ward No.8, Block No.2, for setting up of school/educational institution; that the said land was leased to respondent No.3- Education society vide lease deed, dated 21.08.1987, bearing document No.2098/1997, after duly passing appropriate resolutions to that effect, for establishment of school/educational institution; that the lease was for a period of 30 years; that respondent No.3-Education Society was permitted to raise structures for setting up of school/educational institution at its own cost and after expiry of the lease period, the petitioner-society has option to take over the said structures at the price mutually agreed upon; that respondent No.3- Education society raised necessary infrastructure from time to time for running of school in the name of Jubilee Hills Public school.

3.1. It is further averred that the structures have to be raised by respondent No.3- Education Society on the leased premises on express written consent of Managing Committee of the petitioner-society; that the lease period of 30 years expired on 20.08.2017; and that in view of differences/disputes between the petitioner-society and respondent No.3-Education Society and further, as respondent No.3-Education Society defaulted in payment of yearly lease rents, the lease was not renewed.

3.2. It is further averred that respondent No.3- Education Society filed a suit in OS.No.797 of 2018 on the file of the Chief Judge, City Civil Court, Hyderabad, for specific performance of agreement of lease deed dated 21.08.1987 and to direct the petitioner-society to renew the lease for another term of 30 years, as per Clause-15 of the said lease deed, and also to grant perpetual injunction restraining the petitioner-society from interfering with the affairs and peaceful possession and enjoyment of the subject property by respondent No.3- Education Society; that the petitioner-society, after receipt of summons, filed written statement denying the suit claim.

3.3. It is further ave