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Judgment
Heard Ms. Thakur Roopa Singh, learned counsel for the petitioner; learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1; Mr. Mohd. Habeebuddin, learned Assistant Government Pleader for Assignment, appearing for respondent Nos.2 and 6; and Mr. K. Ravi Mahender, learned Standing Counsel for GHMC, appearing for respondent Nos.3, 4 and 5; and perused the material on record.
Learned counsel for the petitioner placed reliance on the order dated 26.10.2022 passed by this Court in W.P.No.24451 of 2022 and affirmed by the judgment of the appellate Court in W.A.No.67 of 2023 dated 19.01.2023 and submitted that pursuant to the said order, building permission was granted to the petitioner therein in respect of the subject property therein and requested this Court that similar order may be passed in this writ petition. The said submission is not opposed by the learned Standing Counsel for GHMC and learned Assistant Government Pleader for Assignment.
It was held in para 5 of the judgment in W.A.No.67 of 2023 as under:
5.Learned Single Judge referred to and relied upon a decision of this Court in Hyderabad Potteries Private Limited v. Collector, Hyderabad District1 whereafter she came to the conclusion that refusal on the part of the appellants to grant building permission was not justified. All that appellants were required to ascertain was prima facie title and possession of the applicant. As a matter of fact, learned Single Judge found that building permissions for construction of several buildings in the same survey number were granted by the appellants earlier. If it is government or assigned land, appellants could not have granted such building permission. Learned Single Judge vide the order dated 26.10.2022 allowed the writ petition holding as follows:
"In the light of the law laid down by this Court, while granting permission to the applicant, they can only look at the prima facie title and lawful possession, apart from that they cannot insist for NOC from the Revenue or any other department. It is the specific case of the petitioner that the petitioner – company has entered into a development agreement-cum-GPA with one Sri B. Raghuveera, who is the owner and possessor of land in Plot Nos. 21, 22 Part, 27 Part and 28 admeasuring 795.40 square yards forming part of Survey No. 41/8 & 9 of Khanamet Village, Serilingampally Mandal, Ranga Reddy District vide document dated 22.02.2022. Further, it is the case of the petitioner that there are several buildings constructed and the municipality has granted permission. When the counter is silent on this aspect, it has to be presumed that the respondent Corporation is admitting the fact that they have granted permission in the very same locality. Further, it is the case of the respondents that the lands in Sy.No. 41/1 to 41/13 situated at Khanamet Village of Serilingampally Mandal are government lands and are attracted by the provisions of Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 and further several litigations are also pending on subject lands, it is not stated on what basis they have granted permission in favour of other persons.
5.In the light of the law laid down in Hyderabad Potteries Case (supra) and also in the light of the order passed by the Division Bench of this Court in Writ Appeal No. 403 of 2022, dated 05.07.2022, the order impugned is set aside. The respondents shall process the building Application of the petitioner in accordance with law without insisting on production of 'NOC' from the revenue authorities and without taking into consideration the letter of the District Collector dated 06.11.2018.
6.The Writ Petition is accordingly, allowed. There shall be no order as to costs."
In the circumstances, this writ petition is disposed of, directing respondent No.4 to reconsider the building permission of the petitioner vide File No.058259/CMC/01797/IABP/C50/2026 dated 17.05.2026 in respect of residential building consisting of Stilt for Parking + 3 upper floors on Plot Nos.29 and 30, admeasuring 425 square yards, in Survey Nos.41/12 and 41/13 situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District, without reference to the impugned shortfall letter dated 01.06.2026 and without insisting for production of No Objection Certificate (NOC) from the Revenue authorities. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand closed.
Footnotes
- 1.2001 (3) ALD 600