Telangana High Court
M/S. Sree Laxmi Developers vs The State Of Telangana on 28 July, 2025
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.21664 OF 2025
ORDER :(ORAL) This writ petition is filed by the petitioners seeking to declare the action of respondent No.3 in issuing notice dated 05.06.2025 and 01.07.2025 instructing the petitioners to stop excavation of cellar, despite their proposal to construct the building in accordance with the sanctioned plan issued by the GHMC vide permit No.0687/GHMC/SEC/2025-BP dated 21.04.2025, as being illegal and arbitrary.
2. Heard Mr. A. Ravinder Reddy, learned senior counsel, appearing for Mr. Seshadri Goalla, learned counsel for the petitioners, and Mr. G. Madhusudhan Reddy, learned standing counsel for the GHMC, appearing for respondent Nos.2 to 4.
3. Learned senior counsel appearing for the petitioners submitted that the petitioner No.1 - firm purchased the residential house bearing No.24-144 admeasuring 1232 square yards in Survey Nos.4, 30, 31, 32, 481 and 493 situated at Vimaladevi Nagar, Malkajgiri, Medchal-Malkajgiri District, under registered 2 sale deed bearing document No.8864 of 2018 dated 29.10.2018. It is submitted that as the land had loose soil, experts of the Jawaharlal Nehru Technological University (JNTU) tested the same and on their advice, the petitioners started removing loose soil from the entire site up to three (3) meters to lay strong foundation. It is further submitted that while things stood thus, respondent No.3 issued notice dated 05.06.2025 (received on 16.06.2025) and 01.07.2025 instructing the petitioners to stop the excavation of cellar stating that it is contrary to the sanctioned plan.
4. Learned senior counsel submitted that after excavation of loose soil, the petitioners have also filled the same with strong soil pursuant to the Geo Technical Report. However, respondent authorities without considering the same issued the impugned notices.
5. Learned senior counsel also drawn attention of this Court to the paragraph No.17 of the writ affidavit and submitted that the petitioners have undertaken not to construct the cellar and they have filled up excavated portion with strong soil and would 3 construct the building strictly in accordance with the sanctioned plan issued by the GHMC dated 21.04.2025.
6. Learned standing counsel for the GHMC, appearing for respondent Nos.2 to 4, placed on record the written instructions and submitted that on the complaint from Vandemataram Senior Citizen Day Care and Pathanalayam Welfare Association, located at Vimala Devi Nagar, Malkajgiri, alleging illegal construction undertaken by the petitioners on the existing well in the subject property, notice dated 05.06.2025 was issued to the petitioners to halt the unauthorized excavation of a cellar on the well. The petitioners have submitted reply dated 21.06.2025 to the notice dated 05.06.2025. As the respondent authorities were not satisfied with their explanation, a follow-up notice dated 01.07.2025 was issued to the petitioners directing them to immediately stop the unauthorized excavation.
7. In view of the undertaking given by the petitioners in paragraph No.17 of the writ affidavit that the excavated portion will be filled up with strong soil and cellar will be closed, and building would be constructed strictly in accordance with the 4 sanctioned plan, the writ petition is disposed of, directing the petitioners to construct the building in the subject property strictly in accordance with the sanctioned plan dated 21.04.2025. Further, as the petitioners have undertaken to fill up the excavated portion with strong soil, respondent authorities are directed not to give any effect to the notice dated 05.06.2025. However, if it is found that the excavated portion is not filled up or if the building is not constructed in accordance with the sanctioned plan, respondent authorities are at liberty to take action against the petitioners, in accordance with law. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.
______________________ B. VIJAYSEN REDDY, J July 28, 2025 MS