Telangana High Court
Sri. Bombadi Sanjeeva Reddy vs The State Of Telangana And 2 Others on 28 May, 2025
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No.21498 of 2019
ORDER:
This Writ Petition is filed to declare the action of the 3rd respondent in issuing the impugned order vide Lr.No.GPA/228/2019-20 dt.23.09.2019 cancelling the permission granted to the petitioner to construct a Function Hall in Sy.Nos.252 and 261 situated at Annaram Village, Gummadidala Mandal, Sangareddy District, is wholly illegal, arbitrary and without jurisdiction.
2. Heard learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and learned Standing Counsel for the Gram Panchayat and perused the record.
3. Petitioner contends that he is the owner and possessor of land in Sy.Nos.252 and 261 to an extent of Acs.3.34 guntas and Acs.2.00 guntas, respectively, totaling to Acs.5.34 guntas, situated at Annaram Village, Gummadidala Mandal, Sangareddy District; that it had applied for permission to construct a function hall in the land admeasuring Acs.2.15 guntas, out of total extent of Acs.5.34 guntas; and that after due verification, the 3rd respondent had accorded permission vide proceedings No.G.P/022/2018-19 dt.11.01.2019.
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4. Petitioner further contends that pursuant to the said permission granted, he had started construction of the function hall and after completion of 95% of the work, the 3rd respondent issued a show cause notice vide Lr.No.GPA/209/2019-20, dt.14.09.2019 alleging that the function hall is constructed without obtaining technical approval from HMDA and also without converting the land from agriculture to non-agriculture; that the petitioner submitted his explanation on 16.09.2019 stating that after due verification of documents only the 3rd respondent has accorded permission vide order dt.11.01.2019; and that the 3rd respondent without considering the explanation submitted by the petitioner, has passed the impugned order and the present Writ Petition is filed challenging the same.
5. Learned counsel for the petitioner mainly contends that the petitioner submitted explanation to the show cause notice issued by the 3rd respondent stating that for obtaining NALA conversion and also to obtain technical approval from HMDA, he requires some time and requested the 3rd respondent not to take any further steps but the 3rd respondent without considering the request made by the petitioner, had issued the impugned proceedings dt.23.09.2019 cancelling the permission of the petitioner, which is untenable.
6. A counter-affidavit has been filed by the 2nd respondent on behalf of all the respondents, denying the averments made in the petition, contending that the subject land is situated in the limits of HMDA and as per Sections 18 and 19 of the HMDA Act, 2008, all development powers of land are vested with the 3 HMDA authorities; that the subject construction permission was granted to the petitioner on 11.01.2019 without there being any land conversion certificate and approved layout; that on noticing the same, a memo dt.14.09.2019 was issued by the 3rd respondent; that though the petitioner requested some time to submit the said documents, however, continued with the construction work, despite status quo orders dt.26.09.2019 passed by this Court pending the writ petition, for which, a contempt case vide SR No.33528 of 2019 was filed by the 3rd respondent; and that the petitioner has obtained the permission by misrepresenting the facts and therefore, the writ petition is liable to be dismissed.
7. Learned Standing Counsel appearing for the 2nd respondent submits that the petitioner while on one hand requested time, on the other hand, proceeded with the construction, without there being NALA conversion and technical approval from HMDA and that apart, violating the order of status quo granted by this Court on 26.09.2019 pending the writ petition and therefore, the 3rd respondent issued the impugned order and thus, the action is justified in law.
8. I have taken note of the respective contentions urged.
9. As per Sections 18 and 19 of the HMDA Act, 2008, all development powers of land are vested with the HMDA authorities and no development of land shall be undertaken or carried out for the area under metropolitan 4 authorities without obtaining development permission from the HMDA authorities.
10. Since, it is apparent on the face of the record that for the purpose of construction of a Function Hall in Annaram Village, which falls within HMDA jurisdiction, the petitioner is required to obtain conversion of the land from agriculture to non-agriculture along with development permission from the HMDA authorities. However, on behalf of respondents, it has not been explained as to how the 3rd respondent had accorded permission vide proceedings dt.11.01.2019, if the petitioner is required to take permission from HMDA. Considering the above, this Court having granted an order of status quo on 26.09.2019 to be maintained by both the parties, the petitioner could not have continued with the construction activity in violation of the said status quo order and now contend that all of a sudden, the 3rd respondent having issued the impugned order.
11. In view of the above, the Writ Petition is disposed of directing the petitioner to submit the required documents to the respondent authorities within 30 days from the date of receipt of a copy of this order. On such submission, the respondents are directed to consider the said documents and take action in accordance with law, as expeditiously as possible. Till such time, the status quo granted by this Court on 26.09.2019 shall stand extended. It is further made clear that till production of NALA conversion certificate and technical approval from the HMDA authorities, the petitioner shall not 5 undertake any construction activity and shall not put to use the construction already made.
12. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs.
_________________ T. VINOD KUMAR, J Dt:28.05.2025 GJ 6 THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.21498 of 2019 28.05.2025 GJ