Telangana High Court
Smt. Gangala Vishnu Kumari vs The State Of Telangana on 25 November, 2024
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.32643 OF 2024
ORAL ORDER:
Heard Mr. S. Sridhar, learned counsel for the petitioners, Mr. M.A.K. Mukheed, learned Standing Counsel appearing on behalf of respondent Nos.2 to 4 and learned Assistant Government Pleader for Revenue appearing on behalf of respondent No.5.
2. The petitioners herein are claiming that they are the absolute owners and possessors of western part of house bearing No.2-41/6/5 (PTI No.1129923054) with built up area of 270 square feet, admeasuring 1188 square yards out of 2368 square yards in Survey No.41/6, situated at Khanamet Village, Serilingamapally Mandal under GHMC, Rangareddy District, on the strength of a registered Gift Deed bearing document No.4055 of 2024, dated 26.02.2024. They have submitted an application dated 01.05.2024 with respondent Corporation to construct a building under TS-bPASS by way of self- declaration and self-certification. Respondent No.3 issued short-fall Notification dated 26.06.2024 with the following remarks:
"Verified the remarks of SGDC (LA) and it is noticed that House No.2-41/6/5 Sy No.41/6 of Khanamet village, Serilingampally Mandal, Ranga 2 KL,J W.P. No.32643 of 2024 Reddy District is recorded as Govt. Land. As per the remarks of SGDC (LA) the proposal may not be considered for approval. Hence, suggested for shortfall."
3. Challenging the said short-fall notification, dated 26.06.2024 issued by respondent No.3, the petitioner filed the present writ petition.
4. Learned Standing Counsel for GHMC produced written instructions of respondent No.4, wherein it is stated that on receipt of application dated 01.05.2024, since the petitioners are seeking permission for construction of building on the land in Survey No.41/6 of Khanamet Village, he sought information over the said land from the Special Grade Deputy Collector (Land Acquisition). By referring to the said application dated 01.05.2024 submitted by the petitioner under TS-bPASS, the Special Grade Deputy Collector (Land Acquisition) has submitted remarks stating that as per their records, ULC list under Section 10 (6) of the ULC Act, 1976, the survey No.41/6 of Khanamet Village, was not recorded and as per Government list supplied by the office of the District Collector, Rangareddy District, the survey No.41 of Khanamet village was recorded as 'government land'. It is there in the list of prohibitory 3 KL,J W.P. No.32643 of 2024 properties. The said instructions are placed on record. In the light of the said report, the building application of the petitioner is not considered and hence the said building application is suggested for short-fall. Thus, according to respondent Nos.2 and 4, the subject property in Survey No.41/6 of Khanamet Village is government land.
5. As discussed above, the petitioners are claiming that they are the absolute owners and possessors of the subject land under gift deed bearing document No.4055 of 2024, dated 26.02.2024. They have also entered into a registered Development Agreement-cum-General Power of Attorney bearing document No.4618 of 2024, dated 26.02.2024.
6. Section - 7 of the Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020 deals with 'approval of building permissions' and the same is relevant which is extracted as under:
"7. (1) No piece of land shall be used as a site for the construction of a building, and no building shall be constructed or reconstructed, and no addition or alteration shall be made to an existing building without the self certification based declarations or the required approval in the manner 4 KL,J W.P. No.32643 of 2024 prescribed, relating to the use of building sites or the construction or reconstruction of buildings:
Provided that the Government may exempt certain buildings from taking building permission under this section, in the manner prescribed. (2) For plot size upto 75 square yards (63 square meters), and the construction of ground or ground plus one floor, will not require any permission.
The applicant however need to register online with a token amount of Rs.1 and duly self certifying his title, the size of the plot and floors, it shall also not require a completion certificate or occupancy certificate. Any plot bigger than 75 sq yards cannot be split for this purpose or this provision cannot be misused for taking up constructions in government or prohibited or disputed land and action as prescribed shall be initiated for violations noticed. (3) Plot size upto 500 square meters and height upto 10 meters: The permission applications for all the individual residential buildings having plot area of 500 square meters and less and building height of 10 meters as specified, shall be processed through an online based Self-Certification System in accordance with the Master Plan or Detailed Planning Scheme or Local Area Plan and the building rules and in the manner prescribed, and upon furnishing all required information details shall get instant online approval.
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KL,J W.P. No.32643 of 2024 (4) The onus to ensure authenticity of self- certification and compliance with the self- certification lies with the applicant, who shall be held personally accountable and liable in case of false declaration and action shall be initiated against the said person, as prescribed.
(5) The owner or developer shall along with the building application form, submit an undertaking that in case of any actual construction made by him or her in violation of sanctioned plan, the Government or the Commissioner or the Agency authorized by him or her shall take-up the demolition without issuance of any notice. Further, the District level committee may verify the documents so submitted, and in case of any misrepresentation or false statement, the action shall be taken as prescribed.
(6) Citizens shall be encouraged to bring to the notice of Municipality and District Collector cases where unauthorized construction or construction in violation of or in excess of permissions, in the manner prescribed. The identity of such informers shall be kept confidential. All such cases shall be examined within a week from such information and appropriate action initiated. The informant shall be incentivized in all such cases where the information furnished by him is found to be correct.
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KL,J W.P. No.32643 of 2024 (7) Plot size above 500 square meters and height above 10 meters: There shall be a single window system in case of applications for building permission in plots of area above 500 square meters and height above 10 meters and all Commercial Buildings, High Rise Buildings, Group Development Schemes, Group Housing, Apartment Complexes, Multiplexes, Non Residential Buildings and other such constructions, which require multiple NOCs, one common application form shall be submitted through web based online system as prescribed. (8) The online application has to be submitted with all requisite documents as may be prescribed. The online system shall not accept the application unless all such documents are submitted. Such documents upon submission shall be examined by the single window committee set up for this purpose and shortfalls or incompleteness or cases where further information or clarification is needed shall be communicated to the applicant within 10 days from the date of applying, in such manner, as may be prescribed.
(9) In all other cases, the applications for building permissions accompanied by all valid and required documents, as required and prescribed, shall be sanctioned within 21 days and in such manner, as may be prescribed.
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KL,J W.P. No.32643 of 2024 (10) If no order is issued on the building application within the time prescribed, then the approval will be deemed to have been issued, as may be prescribed. The official concerned shall be liable for disciplinary action, if there has been a delay in arriving at a decision within the time period.
(11) The permission issued under deemed clause can be revoked by the commissioner within 21 days from the date of deemed approval if it is found that deemed approval has been obtained by mis-representation of the facts or false statements, and/or against the building rules, regulations and Master Plan land use provisions."
7. The petitioners submitted the building application dated 01.05.2024 under TS-bPASS by way of self-declaration and self- certification. The GHMC authorities have to verify prima facie title of the petitioners and they cannot decide title dispute. Basing on the remarks of the Special Grade District Collector, they cannot issue short-fall. They cannot decide title dispute.
8. Learned counsel for the petitioners would contend that respondent Nos.2 to 4 issued building permit order to several the owners of the land in Survey No.41/6 of Khanamet village. The 8 KL,J W.P. No.32643 of 2024 petitioners herein are also claiming right over the subject property in Survey No.41/6 of Khanamet Village under a registered Gift Deed. Therefore, they cannot issue short-fall intimation letter to the petitioners herein stating that the subject property in Survey No.41/6 is a government land.
9. In the light of the aforesaid discussion, this writ petition is disposed of directing respondent No.3 to consider the building application in file No.004526/GHMC/2205/SLP2/2024-BP, dated 01.05.2024 submitted by the petitioner without reference to the short- fall intimation letter dated 26.06.2024 if the same is otherwise in order. If respondent No.3 is not inclined to issue building permit order to the petitioners on considering the application dated 01.05.2024 for any other reason, other than the aforesaid grounds mentioned in short-fall intimation letter dated 26.06.2024, he shall specify reasons, pass a reasoned order and communicate copy of the said order to the petitioners herein. He shall complete the said exercise within a period of four (04) weeks from the date of receipt of copy of this order. On receipt of building permit order, the petitioners shall make construction strictly in accordance with building permit order, failing which, liberty is granted to respondent No.3 to take 9 KL,J W.P. No.32643 of 2024 action in accordance with law. However, this order will not preclude respondent No.5 in claiming the land in Survey No.41 of Khanamet village including subject land, as government land. In the circumstances of the case, there shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_________________ K. LAKSHMAN, J 25th November, 2024 Mgr