Telangana High Court
Nandagiri Cooperative Housing Society ... vs The State Of Telangana on 4 August, 2025
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
W.P. No.22779 OF 2024
ORDER:
Heard Mr. K.Raghava Charyulu, learned counsel for the petitioner, Mr. Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos.2 to 4 and Mr. D.Prakash Reddy, learned Senior counsel representing M/s R.S. Associates, learned counsel for respondent No.5 and Sri V.Narasimha Goud, learned Standing Counsel appearing for 6th respondent i.e. Hyderabad Metropolitan Development Authority.
2. This writ petition is filed to direct the respondents to act upon the vigilance report vide No.11 (C.No.400/V&E/D1/2024) dated 18.06.2024 which was submitted to the 2nd respondent - Commissioner, Greater Hyderabad Municipal Corporation(GHMC) pursuant to the complaint given by the petitioner society dated 27.03.2024, for a consequential direction to respondents to demolish all illegal constructions carried out in Plot No.1, Sy.Nos.3/2, 4/7, 6,7/P and 403/10S and 120 New, Nandagiri Hills, Hyderabad.
3.This Court heard the matter and reserved for judgment on 06.11.2024. Learned counsel for the petitioner has filed a copy of 2 order dated 23/24.01.2025 of 2nd respondent. Therefore, the mater was reopened suo-moto to hear the parties and listed on 03.02.2025. It was further listed on 04.02.2025, on which date, the matter was heard and reserved again. It is posted today for pronouncement of judgment. Today it is brought to the notice of this Court by Sri K.Raghavacharyulu, learned counsel for the petitioner and Sri D.Prakash Reddy, learned Senior Counsel appearing for 5th respondent, with regard to appeal filed by 5th respondent vide M.A.No.17 of 2025, common order dated 04.07.2025 in I.A.No.196 and 195 of 2025 in M.A.No.17 of 2025 of the Chief Judge, City Small Causes Court, and that 5th respondent filed CRP No.2306 of 2025. Challenging the said order, they have also brought to the notice of this Court with regard to order dated 11.07.2025 and furnished copies of the said orders. The same are also referred and considered in the present order.
4. The lis involved in the present writ petition has a checkered history.
5. The undisputed facts are that Respondent No.6 has conducted auction of plots to an extent of Ac.4.695 guntas situated at Shaikpet, 3 Jubilee Hills, Hyderabad. In the e-tender notification the description of property is mentioned as follows:
i) HMDA has developed a lay out by the name of Nandagiri Hills, at Shaikpet, the site is located in the midst of posh Jubilee Hills area and is about 1 K.M., away from Jubilee Hills Check Post and about 5 to 6 kms, from Punjagutta Cross Roads. It is an elevated place with good panoramic view of the city including Durgam Cheruvu, Hi-Tech City and near to the K.B.R. Park where HMDA has developed 5 K.Ms, length of walkers pathway with good garden around the Chiran Palace, Apollo Hospital, Bharatiya Vidya Bhavan at Jubilee Hills. All the developed plots have been disposed and now only (1) one plot to an extent of 4.695 acres is proposed to be disposed.
ii) 5th respondent participated in the said e-auction and stood as successful bidder. On receipt of total sale consideration of Rs.85,70,14,000/- the 6th respondent has executed a registered sale deed bearing document No.4737 of 2012 in favour of 5th respondent company. In the schedule of the said sale deed details of the said property are mentioned as follows:- 4
iii) Schedule -1: Plot No.1, Nandagiri Hills, in T.S.No.3/P, 4/P,5/P, 6/P and 7/P, Block-D, Ward No.9 (New Ward No.8, Block-2), (old Sy.No.403/P), Shaikpet Village and Mandal, Hyderabad, admeasuring 4.748 acres or 19213.63 sq.meters and is bounded by North: Plots of Jubilee Hills Co-operative House Building Society, South: 50'0" wide Nandagiri Hills Road, East: Plots of Jubilee Hills Cooperative House Building Society and A.P.Women's Co-operative Finance Corporation and West:
Plots of Nandagiri Hills House Building Society (Part), GHMC Park and 50' wide approach road.
iv) The State Level Environment Impact Assessment Authority (SEIAA) vide order No. SEIAA/AP/HYD-47/2013/2261, dated 10.07.2013, has issued environmental clearance, dated 10.07.2013, for construction of total built up area of 1,38,785.34 sq.meters.
v) 5th respondent has obtained building permit order vide File No.27688/28/03/2013, Permit No.26858/HO/CZ/Cir-10/2013/ dated 03.08.2013 from the Commissioner, GHMC i.e. 2nd respondent for construction of ground+4 upper floors for 5 Residential Apartment, Commercial and Retail/Hotel Building, 5 to 7 cellars for parking.
vi) The petitioner society has submitted a letter dated 26.07.2014 to 2nd respondent with a request to re-examine the permission granted in favour of 5th respondent for commercial and retail use as well as luxury hotel and also advise 5th respondent to look for an alternative approach road to their site so that the peaceful atmosphere can be maintained in the existing residential colony and the internal roads of a small society not used by the commercial complexes.
vii) The petitioner also requested 2nd respondent to remove the encroachments in the petitioner society, re-build retaining wall and maintain the status quo till such time, an alternative approach road is found.
viii) Sri G.Amerender Reddy, has purchased the land admeasuring 411 sq.yards (343.64 sq.meters) along with structure admeasuring 150 sft. bearing Plot No. M.No.8-2- 293/82/A/1355-G1 situated in Jubilee Hills Cooperative House Building Society Limited (for short, 'JHCHBSL') in Sy.No.(old) 403/1, new 120 of Shaikpet and Sy.No.102/1 of 6 Hakimpet Village within the limits of GHMC, road No.45, Jubilee Hills, Hyderabad, under a registered sale deed bearing document No.1697 of 2015, dated 10.04.2015 from Dr. Ramasahayam Venkat Reddy, s/o R.Lakshminarasimha Reddy.
ix) It is apt to note that authorized representative of 5th respondent i.e. Sri P.Obul Reddy, s/o Thimma Reddy is a witness to the said registered sale deed.
x) The petitioner has submitted another representation dated 11.03.2019 to 2nd respondent with the same request.
6. The 5th respondent society has obtained permission of reference (TOR) vide order No. SEIAA/TS/OL/RRD-387/2019, dated 07.11.2019 from the SEIAA in terms of SEIAA) notification, 2006 under the Environment (Protection) Act, 1986, for construction of commercial complexes with built up area of 1,85,457.55 sq.meters with 7 stilts +cellar + 10 upper floors. Environmental clearance was issued in favour of 5th respondent vide order No. SEIAA/TS/OL/Hyd- 34/2019-235, dated 18.12.2019 by SEIAA.
7. 5th respondent has also obtained environmental clearance vide order No. SEIAA/TS/OL/Hyd-34/2019-235, dated 18.12.2019, revised Environmental clearance vide order No. SEIAA/TS/OL/Hyd- 7 53/2020-636, dated 19.12.2020 by SEIAA, for construction of commercial and hotel construction project, total plot area of about 19557.28 sq.meters, out of that, area affected by road widening is 103.28 sq.meters and green area is 2.005.20 sq.meters. The total built up area is 1,59,394.825 sq. meters for construction of hotel with 5 basement (Mech) + Ground + 10 upper floors. The project consists of Hotel-5 Basement (Mech) + Ground + 10, commercial with 5 Basement (Mech) + Ground + parking area to be provided is 59,893.59 sq.meters (54%) Basement (stack parking in 1,2,3,4 basements) 97% to park about 1602 four wheelers and 712 two wheelers. The amenities to be provided include Sewage Treatment Plant (STP), community center, MSW Segregation point. The total power requirement of the project will be met from TSCPDCL. In case of power failure, power backup shall be provided through D.G.sets of 7 x 2500 KVA capacities which will be enclosed type.
8. 5th respondent has purchased the property admeasuring 455 sq.meters (380.38sq.meters) of land along with building comprising of ground floor (1760 sq.ft), 1st floor (2200 sq.ft), second floor (2200 sq.ft) total admeasuring 6160 sq.ft., and all structures and extensions appurtenant to the building situated in plot No.1355-G1, bearing 8 M.No.8-2-293/82/A/1355/G1/A, plot No.1355-G1 bearing M.No.8-2- 293/82/A/1355/G1/B, plot No.1355-G1 bearing M.No.8-2-293/82/A/ 1355/G1/C in Sy.No.403/1(old), 120(New) of Shaikpet village and 102/1 Hakimpet village, situated within the approved layout of JHCHBSL, Hyderabad, under a registered sale deed bearing document No.4953/2021, dated 29.07.2021 from Mohd. Sajid Pasha and Mrs. Najma Unnisa.
9. 5th respondent has obtained revised building permit order vide File No.285171/30/06/2020/HO, Permit No.53622/HO/CZ/Cir- 10/2016, dated 06.08.2021 for construction of Ground + 5 Upper floors, Cellar + 7 parking residential apartment, commercial and retail/Hotel Building.
10. It has also obtained No Objection Certificate for height clearance from Airport Authority of India and it is valid upto 26.10.2029.
11. It has also obtained amended Environmental clearance vide order No. SEIAA/TS/OL/Hyd-81/2021, dated 03.11.2021 for construction of total plot area of plot 19,937.70 sq.meters, Net Plot area of the plot, 19,716.70sq.meters, total built up area including parking 2,09,620 sq.meters. the project consistent of hotel (7stilts+ED 9 +10 Floors +2 TDR Floors , Commercial (7 Stilts+ED+10Floors +2 TDR Floors),parking area to be provided is 65.131.00sq.meters in 7 Stilt floors to park about 1250 four wheelers and 650 two wheelers. The amenities to be provided include Sewage Treatment Plant (STP),Community Centre, MSW Segregation point. The total powe4 requirement of the project will be met from TSSPDCL. In case of power failure, power backup shall be provided through D.G. sets of 8x2500 KVA capacities, which will be enclosed type.
12. It has also obtained revised NOC dated 18.11.2021 from the Telangana State Disaster Response & Fire Service Department (for short, 'TSDR & FSD').
13. 5th respondent has also obtained revised building permit order vide File No.004308/GHMC/2383/KHB1/2021-BP, Permit No.2039/GHMC/ KHB/2022-BP, dated 17.02.2022 for construction of 7 Stilts + one Ground + 12 Upper Floors in the subject property.
14. It has also obtained revised Environmental clearance from Airport Authority of India dated 13.10.2022.
15. Smt. Maddula Umadevi had filed W.P.No.39111 of 2022 seeking cancellation of revised building permit order dated 17.02.2022 issued by 2nd respondent in favour of 5th respondent. 10
16. Vide order dated 20.10.2022, this Court disposed of the said writ petition with certain directions to the GHMC and its officials including a direction that permission is granted to the 5th respondent and thereafter basing on the application made by the writ petitioner therein, the respondent corporation has referred the matter to the Indian Institute of Technology, Hyderabad (IIT), and its report would reveal that if the deep excavation in the manner in which is going on, it would on impact on the neighbours' building and the GHMC just like that cannot plead or keep on requesting 5th respondent herein to hear their advises and they have the authority and power to take action against 5th respondent.
17. With the said observations, this Court disposed of the said writ petition directing the GHMC to take appropriate action as per the provisions of the GHMC Act particularly Section 461 of the Act against 5th respondent herein. The entire exercise shall be completed within four (4) weeks from the date of receipt of a copy of the said order.
18. Feeling aggrieved and dissatisfied with the said order, 5th respondent preferred an intra - Court appeal vide W.A.No.720 of 2022 under Clause 15 of the Letters Patent and a Division Bench of 11 this Court vide order dated 04.11.2022, disposed of the said appeal with the following modification:-
" GHMC and its officials may consider taking necessary steps in accordance with law on the grievance expressed by respondent No.1/writ petitioner but only after issuing notice and giving opportunity of hearing to the affected parties. Let such decision be taken within a period of six (6) weeks from the date of receipt of copy of that order."
19. In compliance with the said order of the Division Bench, vide letter No.04308/TPS/GHMC/2022/09, dated 3/4.01.2023, 2nd respondent directed the appointment of 'Construct Associates' for supervision of the work on the site and 5th respondent shall pay the expenses to the said Associates and 5th respondent shall take up the excavation and construction of retaining wall as per the recommendations of IIT, Hyderabad under the supervision of the said 'Construct Associates' etc.
20. 5th respondent has obtained revised building permit order vide File No.005792/GHMC/2880/KHB1/2023/BP, Permit No.3600/ GHMC/KHB/2023/BP, dated 26.09.2023, for construction of commercial building consisting of 1 Cellar + 5 Stilts and 13 upper Floors.
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21. The petitioner Society and JHCHBS filed a writ petition vide W.P.No.29615 of 2023 to declare the action of GHMC and other respondents therein in approving floors of 5th respondent herein as arbitrary and for consequential direction to 5th respondent herein not to allow construction of commercial complex in the subject property. Thereafter, the petitioner society withdrew the said writ petition and thereafter, the said writ petition was dismissed as withdrawn on 29.11.2023 with liberty to the writ petitioner to avail remedies available in law.
22. Thereafter, the petitioner society has filed W.P.(PIL) No.87 of 2023 to declare the action of respondents therein in approving plan of unofficial 5th respondent as arbitrary and for consequential direction to respondents therein not to allow the construction of commercial complex in the subject property. Vide order dated 21.02.2024, a Division Bench of this Court dismissed the said writ petition on considering the submission made by the petitioner's counsel that in respect of the relief claimed by the writ petitioner, it has an alternative efficacious remedy under Section 450 of GHMC Act, 1995 and Section 161(h), and 161 (i) of the National Green Tribunal Act, 2010. 13
23. The petitioner society has filed an application vide O.A.No.179/2024 (SZ) before the National Green Tribunal at Chennai (SZ). Thereafter, it withdrew the said O.A. and therefore, the said O.A. was dismissed as withdrawn vide order dated 30.07.2024.
24. Sri Vedire Sri Ram and Smt. Yarlagadda Madhavi, filed a suit vide O.S.No.912 of 2024 against 5th respondent seeking perpetual injunction. They have also filed I.A.No.211/2024 in the said suit seeking temporary injunction. Vide order dated 28.03.2024, learned XXI Junior Civil Judge, City Civil Court, Hyderabad, dismissed the said I.A.No.211 of 2024.
25. The Deputy Commissioner, Circle-18, GHMC, has issued show cause notice, dated 19.03.2024 to 5th respondent alleging that 5th respondent is undertaking construction during nights causing inconvenience to the neighbours of the subject property and also unauthorizedly constructing a ramp connecting the stilt floors in the setback area, not maintaining mandatory setbacks in southern side towards petitioners society. The Deputy Commissioner, GHMC, directed 5th respondent to stop the construction activity temporarily until further orders.
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26. Without mentioning time period to submit explanation, the Deputy Commissioner GHMC, stated that if 5th respondent fails to show cause within the stipulated time, the unauthorized portion/ construction which is in deviation to the revised building permit order shall be removed/altered or amended/pulled down by the GHMC on the presumption that 5th respondent has no cause to show or no explanation to offer and the expenses thereof shall be recovered from 5th respondent.
27. 5th respondent has filed W.P.No.8089 of 2024 challenging the said show cause notice.
28. Vide order dated 23.03.2024, this Court disposed of the said writ petition directing 5th respondent to appear before 2nd respondent on 02.04.2024 at 3.00 P.M. for personal hearing and make oral submissions, 2nd respondent shall pass speaking order on or before 10.04.2024 on consideration of the explanation/representation submitted by the petitioner therein on 21.03.2024 as well as the oral submissions, if any, made on 03.04.2024.
29. The petitioner society has submitted a complaint dated 27.03.2024 to the Director General of Police (Vigilance & 15 Enforcement), V&E Department, Hyderabad to investigate the illegal acts of public servants of GHMC.
30. Director General (FAC) (V&E) has submitted a report dated 18.06.2024 to 1st respondent with the following recommendations:-
i. To take action as per the Table 1 supra and also to take action as per the Table-2 supra, ii. To take necessary action against M/s. Net Net Ventures Pvt. Ltd. for the deviations committed.
iii. To issue necessary instructions to the concerned Officials to conduct mandatory field inspection in respect of Multi-Storied Buildings permissions.
iv. To issue necessary instructions to the concerned to verify all the documents, conduct of field inspections and cross check the field measurement with earlier permitted measurements before issue of revised permit Orders.
v. Remove all deviations following due process. vi. Follow guidelines of Environmental Clearance as envisaged vide Orders No. SEIAA/TS/OL/HYD81/2021, dated 03.11.2021 and other guidelines in vogue.
vii. To issue necessary instructions for strict implementation of guidelines issued by the Ministry of Environment and Forests, dated 14.09.2006 under sub-rule (3) of Rule 5 of the Environment Protection Rules, 1986 to the Officials.
31. In compliance with the order dated 23.04.2024 in W.P.No.9386 of 2024, the Deputy Commissioner has passed speaking 16 order dated 27.04.2024, directing the 5th respondent not to proceed with the unauthorized construction and remove the deviations made therein within 15 days from the date of receipt of the said notice.
32. 5th respondent had filed W.P.No.9836 of 2024 challenging the said speaking order dated 10.04.2024. The same was dismissed as withdrawn on 23.04.2024 with a liberty to work out remedies open to 5th respondent, challenging the said speaking order dated 10.04.2024.
33. Deputy Commissioner, Circle-18, Jubilee Hills has passed another final speaking order dated 25.05.2024 directing the 5th respondent to stop construction and remove the deviations as stated in the said order within 15 days from the date of receipt of a copy of the said order.
34. 5th respondent preferred appeals vide M.A.Nos.54 and 58 of 2024 in terms of Sections 654 and 655 of GHMC Act, 1955, challenging the orders dated 10.04.2024 and final speaking order dated 25.05.2024 of the Deputy Commissioner, Circle-18, GHMC.
Vide common judgment dated 18.07.2024, learned Chief Judge, City Small Causes Court, Hyderabad, allowed the said appeals partly and set aside the aforesaid speaking orders, remanded the matter back to the Commissioner, GHMC to conduct a detailed enquiry and pass 17 orders in accordance with law after affording opportunity to the 5th respondent and also consider the reports of technical Experts, G.O.No.168, National Building Code memos issued by Principal Secretary, Municipal Administration and Urban Development from time to time and pass speaking orders within four (4)weeks from the date of the said common judgment. There is no challenge to the said common judgment by 5th respondent. Therefore, it has attained finality.
35. Thereafter, the petitioner filed the present writ petition seeking a direction to respondents to act upon the vigilance report dated 18.06.2024 submitted to 2nd respondent. i.e. Commissioner, GHMC and also for a consequential direction to the respondents to demolish the illegal constructions carried out by 5th respondent in the subject property.
FINDINGS OF THE COURT:-
36. Despite granting ample opportunity, GHMC has not filed counter. Sri K.Siddharth Rao, learned Standing Counsel appearing for GHMC has produced written instructions, dated 22.10.2024.
37. It is apt to note that there is no challenge to the said Vigilance report dated 18.06.2024.
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38. It is relevant to note that instead of implementing the said recommendations, vide letter No.8643/TPS/HO/GHMC/2024, dated 10.10.2024, Ms. Amrapali Kata, the then Commissioner, GHMC requested the Principal Secretary to Government, MA&UD to drop further action on the report of the V&E Department, Hyderabad. She has referred the details of permissions issued, amalgamation of plots, 30.0 mts height, TDR floors and action taken i.e. speaking order dated 10.04.2024. She has also placed reliance on the common judgment dated 18.07.2024 in M.A.No.54 of 2024 and M.A.No.58 of 2024.
39. Vide proceedings No.22012/04/2024-AIS-1/2020, dated 09.10.2024, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Government of India, has informed the Chief Secretary, Government of Telangana that Ms. Amrapali Kata, IAS stands relieved from the State Government of Telangana with immediate effect. She is to be directed to join the State of Andhra Pradesh latest by 16.10.2024. Accordingly, she has joined in the State of Andhra Pradesh.
40. During pendency of the present writ petition, 2nd respondent has passed speaking order dated 23/24.01.2025 directing 5th respondent to remove the deviations to the sanctioned/approved plan 19 and stop further construction work till removal of such deviations. 2nd respondent also directed the Deputy Commissioner, Circle-18, to take further course of action to remove the deviated portion.
41. In the light of the same, it is relevant to note that vide the said common judgment, learned Chief Judge, City Small Causes Court, while setting aside orders dated 10.04.2024 and 25.05.2024 directed the Commissioner, GHMC to conduct a detailed enquiry by giving an opportunity to the appellant therein i.e. 5th respondent herein and considered reports etc. Even then, she has requested the Government to take further action on the report dated 18.06.2024.
42. In the said speaking order, 2nd respondent made the following observations:-
The last permission/revised permissions were issued to the applicant on 26.09.2023. The applicant has deviated the sanctioned / approved plan as concluded by the Deputy Commissioner in the speaking order Dt. 10-04-2024 and Final Speaking order Dated 27-05-2024 and the details are as follows:
1. The respondent Corporation has issued building permission showing driveway in setback area since the site is having undulating terrain. Wherever a site is having undulated terrain access to building floors at different levels is from natural levels / slope only. However at the site under reference entire natural levels have been excavated and there is no natural level / slope left on ground.20
2. As per rule 13 (vii) of G.O.Ms.No. 168 M.A Dt.07.04.2012 For parking spaces in basements and upper floors, ramps shall not be allowed in mandatory setbacks including building line, however they may be permitted in the side and rear setbacks after leaving minimum 7.0 Mts of setback for movement of fire-fighting vehicles. On perusal of the sanction plan and ground position it is noticed that construction of ramp has been undertaken at stilt levels towards Nandagiri hills side in the area shown as driveway in the sanction plan which is actually building setback area. As per rules building setback / stilt driveway has to be open to sky. Hence the construction of ramp in the setback area is against the sanction plan.
3. During the rounds of inspection, it is noticed that the petitioner is proceeding with construction activity by laying footing, erecting centering material and laying slabs and retaining walls in night times apart from shifting the excavated material and dumping of construction material which is causing inconvenience to the neighbors which is violating the hearing order vide letter No.04308/ GHMC/TPS/2022/09 Dt.04.01.2023.
4. Not maintained the height of the building as per the sanctioned plan and have deviated the same and constructed 5 Stilt Floors of 4.5 Meters height instead of 5 meters, constructed environmental deck of 4.5 meters instead of 6 meters and further constructed 7 floors increasing the height of each slab above the stilt floor from sanctioned 3 meters to 4.5 meters and as such have exceeded the maximum height permissible.21
43. Challenging the said speaking order, 5th respondent has preferred an appeal vide MA No.17/2025. It has also filed two Interlocutory Applications vide I.A.Nos.196 and 195 of 2025 along with the said appeal to suspend the speaking order, dated 24.01.2025 and restrain the respondent-Corporation from interfering with the construction activity. Vide common order dated 04.07.2025, learned Chief Judge, City Small Causes Court, dismissed the said Interlocutory Applications and the said appeal is pending.
44. 5th respondent has filed a revision vide CRP No.2306 of 2025 challenging the said common order dated 04.07.2025 passed in I.A.Nos.196 and 195 of 2025 in M.A.No.17 of 2015.
45. Vide order dated 11.07.2025, while directing to list the said CRP on 25.07.2025, this Court directed the parties to maintain status quo until further orders. The said revision is pending and the said interim order is subsisting.
46. The aforesaid factual aspects would reveal that 5th respondent has obtained a building permit order dated 03.08.2023 for construction of 5 to 7 cellars + ground + 4 upper floors and revised building permit order dated 06.08.2021 for construction of 5 to 7 cellars + ground + 4 upper floors and another revised building permit 22 order dated 17.02.2022 for construction of 7 stilts + 1 ground + 4 upper floors. Other revised building permit order dated 26.09.2023 for construction of 1 cellar + 5 stilts and 13 upper floors. It has also obtained environmental clearance and revised environmental clearance from SIWAA. There is deviation of built up area and floors.
47. It is the specific contention of the petitioner herein that 5th respondent had obtained aforesaid environmental clearance, Fire NOC, NOC from AAI and building permit order and revised building permit orders by way of suppression of fact and also in violation of building permits and Regulations-II issued by the Government vide G.O.Ms.No.363, dated 21.08.2010, proceedings with regard to amalgamation of plots is also illegal. The same is also in violation of the G.O.Ms.No.305, dated 07.04.2017. According to the petitioner, the said building permit order/revised building permit orders are prior to G.O.Ms.No.68, MA, dated 12.04.2010 G.O.Ms.No.4311/Plg.II/2019, dated 16.08.2019. G.O.Ms.No.42, dated, Memo No.64/PLGII/2018, dated 25.09.2018.
48. According to the 5th respondent, it has obtained aforesaid building permit order and revised building permit orders from GHMC strictly in accordance with the procedure laid down under law. There 23 is no irregularity. It is proceeding with the construction strictly in accordance with the said building permit orders.
49. According to the writ petitioner, 5th respondent has obtained the aforesaid building permit order and revised building permit order including environmental clearance, fire NOC, NOC from AAI in accordance with the procedure laid down under law. There is no suppression of any fact. Both the petitioner and 5th respondent filed the documents in support of their claims. GHMC has also filed counter.
50. Learned counsel for the petitioner, learned Standing Counsel appearing for GHMC, learned Senior Counsel appearing for 5th respondent made their submissions extensively.
51. As discussed supra, the petitioner filed the present writ petition seeking a direction to respondents to act upon the vigilance report dated 18.06.2024. Therefore, there is no need of considering the said documents extensively since there is no challenge to the said vigilance report dated 18.06.2024 by 5th respondent.
52. Sri D.Prakash Reddy, learned Senior Counsel appearing for 5th respondent would contend that the said vigilance report is behind the back of the 5th respondent and it is in violation of the principles of 24 natural justice. However, 5th respondent has not taken steps to challenge the same. It attained finality. Therefore, the petitioner filed the present writ petition seeking a direction to act upon the said vigilance report.
53. As discussed supra, during pendency of the present writ petition, 2nd respondent has passed speaking order dated 23/24.01.2025 directing 5th respondent to remove the unauthorized construction. He has mentioned the irregularities committed by 5th respondent specifically in the said order. He has directed the Deputy Commissioner, Circle-18, to take further course of action in accordance with law for removing the deviated portion.
54. Challenging the said order, 5th respondent had preferred an appeal vide M.A.No.17 of 2015. It has filed Interlocutory Applications to suspend the said speaking order, and to restrain the GHMC authorities from interfering with the construction were dismissed by the Chief Judge, City Small Causes Court, Hyderabad. 5th respondent has filed a revision in CRP No.2306 of 2025. Vide order dated 11.07.2025, this Court directed the parties to maintain status quo. CRP is pending.
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55. As discussed supra, in the said speaking order dated 23/24.01.2025, the 2nd respondent has specifically held with regard to the deviations/violations committed by 5th respondent in obtaining building permit orders, environmental clearance, fire NOC, NOC from AAI and construction made in deviation to the aforesaid building permit orders. However, there is no reference to vigilance report dated 18.06.2024 of V&E. Vide the aforesaid vigilance report, the Director General (FAC) (V& E), and Enforcement Officer, Principal Secretary to Government made the aforesaid recommendations. There is no consideration of the said recommendation by 2nd respondent in the speaking order, dated 23/24.01.2025. However, the said speaking order is under challenge in appeal vide M.A.No.17 of 2025 and it is pending.
56. It is also the specific contention of the petitioner herein that as per the bye-laws, the plot allotted shall be used only for construction of a dwelling house and appurtenances for living. 5th respondent has purchased the plot in the said society and claiming that he has amalgamated the building purchased by it in the open auction conducted by 6th respondent in the year 2012.
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57. It is also relevant to note that vide proceedings dated 09.10.2024, the Government of India, directed the then Commissioner, GHMC, Ms. Amrapali Kata, to relieve from the Government of Telangana with immediate effect and directed to join in the State of Andhra Pradesh latest by 16.10.2024. Even then, vide proceedings dated 10.10.2024, she has requested the Government to drop further action on the report of Vigilance and Enforcement department, Hyderabad citing orders dated 18.07.2024 in M.A.No.54 and 55 of 2024. The said appeals were filed by the 5th respondent challenging the speaking order and final speaking order dated 10.04.2024, 25.05.2024. In both the said orders, there is no consideration of vigilance report dated 18.06.2025. In fact, the said vigilance report is after the said speaking order dated 10.04.2024 and final speaking order dated 25.05.2024 of the 2nd respondent. Without considering the same, the then Commissioner, GHMC requested the Government to drop further action on the report of the V&E Department.
58. As discussed supra, this Court vide order dated 11.07.2024 in CRP No.2306 of 2025, this Court directed the parties to maintain status quo.
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59. During the course of hearing, it is brought to the notice of this Court that 5th respondent is not proceeding with the construction.
60. The aforesaid facts would reveal that there are serious allegations against the 5th respondent herein. It has obtained the aforesaid building permit order, revised building permit orders, environmental clearance, NOC from fire, NOC from AAI, by way of misrepresentation of facts and it is proceeding with the construction in deviation to the aforesaid building permit orders. The same are in violation of the aforesaid G.Os., memos, regulations etc. The said aspects were considered by Vigilance Department and vide report dated 18.06.2024, Vigilance Department made the aforesaid recommendations to the 1st respondent. There is no consideration of the said recommendations by the 1st respondent. Therefore, the petitioner is seeking a direction to the 1st respondent to act upon the said report and recommendations of Vigilance Department.
61. As discussed supra, at the cost of repetition, the said report attained finality and there is no challenge to the same by 5th respondent. Even in the speaking order dated 23/24.01.2025, there is no consideration of the said report.
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62. In the light of he same, this writ petition is disposed of directing the 1st respondent, Principal Secretary, Municipal Administration and Urban Development to conduct detailed enquiry in the allegations made by the petitioner, the aforesaid aspects and submit report within two months from the date of receipt of a copy of this order.
62-i. The principal Secretary shall also call for the explanation from the then Commissioner, GHMC, Ms. Amrapali Kata, and also consider proceedings in M.A.No.17 of 2025, CRP No.2306 of 2025, status quo orders granted by this Court, take action and submit report.
62-ii. For compliance, call on 06.10.2025.
62-iii. At this stage, Sri D.Prakash Reddy, learned Senior Counsel appearing for 5th respondent sought liberty to 5th respondent to submit application/representation to 2nd respondent seeking permission to proceed with construction, comply with the deficiencies pointed out in the vigilance report dated 18.06.2024 etc. It is for the 5th respondent to take steps in accordance with law subject to result of M.A.No.17 of 2022 and CRP No.2306 of 2025.
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62-iv. Learned Chief Judge, City Small Causes Court, Hyderabad, shall consider the aforesaid aspects while deciding M.A.No.17 of 2025 filed by 5th respondent.
_________________ K. LAKSHMAN, J Date: 04-08-2025 Vvr.