Telangana High Court
Banothu Raju Nayak vs The State Of Telangana And Another on 19 August, 2020
Author: Challa Kodanda Ram
Bench: Challa Kodanda Ram
THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No.13171 of 2020
ORDER:
Heard learned counsel for the petitioner, and the learned Standing Counsel for respondent Municipality.
The petitioner is aggrieved of respondent No.2 rejecting his building permission application dated 21.06.2020 on the ground that the plot admeasuring 337.59 square yards in Survey No.403/A/1, situated at Bhupalpally Shivar, Bhupalpally municipality limits, Bhupalpally proper and mandal and District, in which the petitioner proposes to construct falls in an unapproved layout and further the plot is not eligible for regularization under the LRS scheme notified in G.O.Ms.No.151 dated 2.11.2015.
During the course of arguments, it is brought to the notice of this Court that the Secretary to Government, MA & UD Department, issued Memo No.2252/M1/2017 dated 28.04.2017 in respect of building permission in plots/sites which are not applied under LRS 2015. The operative portion of the Memo reads as under:
"In the reference cited following orders were issued to Metroplitan Commissioner, Hyderabad Metropolitan Development Authority; Commissioner, Greater Hyderabad Municipal Corporation to consider building permissions in the plots / sites which are not applied under LRS Scheme 2015.
Building permission in such plots/sites may be considered by the competent Authority by collecting basic penalisation charges as per LRS - 2015 and 33% compounding fee on the same, plus open space contribution charges (14%) on the present market value of the site/plot applied for Building Permission".
2. Government after careful examination of the matter have extended the above orders to entire State i.e., all the Municipal Corporations / Municipalities / Nagar Panchayats and UDA areas.
3. Therefore, The Director Municipal Administration, Telangana, Hyderabad / Director of Town and Country Planning, Telangana, Hyderabad / Vice Chairman of UDAs / Commissioners of ULBs are requested to take necessary action accordingly as per the above orders." It is very much evident from the above Memo dated 28.04.2017 that applications for building permission can be considered by competent authorities by collecting 33% compounding fee on the same plus open space contribution charges at 14% on the market value of the plot applied for building permission. The Government issued the said memo in respect of the plots/sites, for which no application under Land Regularisation Scheme was submitted. It is also very much evident from a reading of the above memo that building application of the petitioner deserves consideration in terms of the said Memo dated 28.04.2017 subject to compliance of statutory requirements.
Accordingly, the writ petition is disposed of, directing the Respondent Municipality to accept the application of the petitioner for building permission in terms of the Memo No.2252/M1/2017 dated 28.04.2017 issued by the Secretary to Government, MA & UD Department, and pass appropriate orders, as per law. No costs. Miscellaneous petitions, if any pending, shall stand closed.
____________________ CHALLA KODANDA RAM, J 19th August, 2020 KSM THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.13171 of 2020 19th August, 2020 KSM