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Judgment
This writ petition is filed by the petitioners seeking to declare the action of respondents No.3 and 4 in not granting construction permission vide file No.009178/GHMC/4567/SLP2/2023-BP dated 14.08.2023 in respect of the property bearing Plot Nos.56 and 57 bearing H.Nos.8-4-371/B/95 and 8-4-371/B/94 in Survey No.128/1, situated at Yousufguda Village, Hyderabad, as being illegal, arbitrary and unconstitutional.
Heard Mr. D.Y.L.N.Charyulu, learned counsel for the petitioners; Mr. G.Madhusudhan Reddy, learned Standing Counsel for GHMC, appearing for respondents No.2 to 4; and perused the material on record.
It is the case of the petitioners that petitioner No.1 is the owner of the Plot No.56 bearing H.No.8-4-371/B/94 admeasuring 263.54 square yards in Survey No.128/1, situated at Yousufguda Village, Hyderabad having purchased the same under registered sale deed 3705 of 2017 dated 23.06.2017 from one Mr. Mettu Praveen Kumar. Petitioner No.2 is the owner of the adjoining Plot No.57 bearing H.No.8-4-371/B/95 admeasuring 263.54 square yards in Survey No.128/1, situated at Yousufguda Village, Hyderabad having purchased the same under registered sale deed 1693 of 2018 dated 05.03.2018 from one Mr. Mettu Sai Kumar. The petitioners applied for regularization of the two plots by paying requisite fees vide application dated 11.09.2020 and payment receipts dated 26.03.2025. It is stated that pursuant to the application of the petitioners for construction of stilt + 4 upper floors, shortfall letter dated 22.08.2023 was issued with the remarks - "Revenue NOC". Learned counsel for the petitioner submitted that no NOC is required from the Revenue Department for grant of building permission and the same is not mandated under the Greater Hyderabad Municipal Corporation Act, 1955 and contrary to the law laid down by this Court in Hyderabad Potteries Private Limited v. Collector, Hyderabad District1. Hence, the impugned shortfall letter is liable to aside.
Learned Standing Counsel for GHMC submitted that the petitioners may be directed to submit fresh applications under 'Build Now' portal and as and when such application is submitted, the same will be disposed of in accordance with law by taking note of the judgment of this Court in Hyderabad Potteries case (supra).
In the circumstances, without expressing any opinion on merits, this writ petition is disposed of giving liberty to the petitioners to submit fresh application through 'Build Now' Portal seeking permission for construction over the property bearing Plot Nos.56 and 57 bearing H.Nos.8-4-371/B/95 and 8-4-371/B/94 in Survey No.128/1, situated at Yousufguda Village, Hyderabad. As and when such application is submitted, respondents No.2 to 4, as the case may be, are directed to dispose of the same, by taking note of the judgment of this Court in Hyderabad Potteries case (supra), and by giving opportunity of hearing to the petitioners, and to all other concerned/interested persons, and pass appropriate orders in accordance with law, within a period of twenty one (21) days thereof. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition, stand closed.
Footnotes
- 1.2011 (3) ALD 600