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Supreme Court - Daily Orders

Dr. Ramakrishna Velamati vs M/S. Maruthi Corporation Ltd. on 30 March, 2016

Bench: Madan B. Lokur, N.V. Ramana

     ITEM NO.3                                COURT NO.8                     SECTION XVII
     (Part Heard)
                                   S U P R E M E C O U R T O F            I N D I A
                                           RECORD OF PROCEEDINGS

     Civil Appeal                 No(s).     5614/2015

     RAMAKRISHNA VELAMATI AND ANR.                                             Appellant(s)

                                                         VERSUS

     M/S. MARUTHI CORPORATION LTD. AND ANR              Respondent(s)
     (With application for stay, permission to file additional documents
     and office report)

     Date : 30/03/2016                 This appeal was called on for hearing today.

     CORAM :                           HON'BLE MR. JUSTICE MADAN B. LOKUR
                                       HON'BLE MR. JUSTICE N.V. RAMANA

     For Appellant(s)                  Mr.    V. Giri, Sr. Adv.
                                       Mr.    Yunus Malik, Adv.
                                       Ms.    Renu Verma, Adv.
                                       Mr.    Krishna Kanaparthy, Adv.
                                       Mr.    Anish Maheshwari, Adv.
                                       Mr.    Sanjeev Agarwal,Adv.

     For Respondent(s)                 Ms.    Meenakshi Arora, Sr. Adv.
                                       Mr.    Subrahmanyam BKV, Adv.
                                       Mr.    Pervinder, Adv.
                                       Mr.    Abhishek Sharma, Adv.
                                       Mr.    Atishi Dipankar,Adv.

                             UPON hearing the counsel the Court made the following

                                                    O R D E R

During the course of hearing, our attention was drawn to a notification dated 20.04.2007 issued under the Andhra Pradesh Urban Areas [Development] Act, 1975 by which Village Chattanpally was included in the urban area and therefore the provisions of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 were excluded.

Signature Not Verified

Digitally signed by Meenakshi Kohli Date: 2016.03.31

In the present case, the submission made by the respondents is 13:34:33 IST Reason: that the building permission was sanctioned on 12.04.2008 by the 1 Gram Panchayat. The submission on behalf of the petitioners is that the Gram Panchayat could not have granted the building permission in view of the exclusion of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002.

It appears to us that there was some sort of a vacuum in regard to granting permission for construction of buildings soon after 20.04.2007. In any event if there was no vacuum, there is no material to indicate who the competent authority was to grant building permission.

Under these circumstances, we request the learned Advocate General for the State of Telangana to appear before us or cause an appearance to be made before us and explain the legal position in regard to the grant of building permission after 20.04.2007 in Village Chattanpally (now in Shadnagar Municipality).

Notice to the learned Advocate General for Telangana be served through the standing counsel for the State.

Dasti, in addition, is permitted.

Learned counsel for the parties are at liberty to file additional documents.

List the matter on 19th April, 2016 as part heard.

(Meenakshi Kohli)                                                   (Jaswinder Kaur)
   Court Master                                                       Court Master




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