Telangana High Court
M/S Vasavi Builders vs The State Of Telangana on 9 June, 2025
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.18177 OF 2024
ORDER:
The writ petition is filed by the petitioner seeking the following relief:
"... to issue any appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent nos.2 and 3 in not providing key to upload the petitioner revised building application in respect of Existing 2 cellars + 1 Stilt + 3 upper floors and proposed 7 upper floors on existing building in Plot no. open plot situated at Sy.No.249/A and 317 of Dommara Pochampalle, Dundigal Gandimaisamma Mandal, Medchal- Malkajgiri District, as illegal, arbitrary and in violation of Article 19 (1)(g) of Constitution of India and consequently direct the respondent nos.2 and 3 to accept and process the revised building application of the petitioner company by providing key in respect of Existing 2 cellars + 1 Stilt + 3 upper floors and proposed 7 upper floors on existing building in Plot no. open plot situated at Sy.No.249/A and 317 of Dommara Pochampalle, Dundigal Gandimaisamma Mandal, Medchal-Malkajgiri District, and pass ..."
2. Heard Mr. S. Sridhar, learned counsel for the petitioner, Mr. V. Narsimha Goud, learned standing counsel for Hyderabad 2 Metropolitan Development Authority (HMDA), appearing for respondent Nos.2 and 3, and Mr. Putta Krishna Reddy, learned standing counsel for Municipalities, appearing for respondent No.4.
3. It is submitted that petitioner - firm is the owner of the open land admeasuring 15125 square yards in Survey No.249/A and Survey No.317 situated at Dommara Pochampally Village, Quthbullapur Mandal, (Now Dundigal Gandimaisamma Mandal), Ranga Reddy District, (Now Medchal - Malkajgiri District), having purchased the same under registered sale deed bearing document No.2483 of 2022 dated 17.02.2022. Petitioner intended to develop the subject property, as such, it executed a registered development agreement - cum - general power of attorney (for short 'DAGPA') in favour of M/s. S.V. Projects vide document No.4063 of 2022 dated 17.03.2022.
4. It is submitted that in furtherance of said DAGPA, petitioner - firm applied for building permission with respondent No.2 for construction of residential building consisting of proposed (Block B) (1 Stilt + 3 Upper Floors) proposed (Block A) (2 Cellar + 1 Stilt + 3 3 Upper Floors) proposed (Amenities Block) (1 Stilt + 4 Upper floors) in the subject property. Respondent No.2 has considered the application, approved the same, and addressed a letter to respondent No.4 to issue building permit order vide Lr.No.002826/BP/HMDA /MED/2023 dated 09.05.2023. Thereafter, the respondent No.2 issued building permit order, and on the same day and the petitioner started construction as per the permit order.
5. It is submitted that later on 30.09.2023 revised building permission was submitted by the petitioner to respondent No.2 with a proposal to construct residential building consisting of existing 2 cellars + 1 Stilt + 3 Upper Floors and proposed 7 upper floors over and above the earlier existing building in the subject property. In response thereto, respondent No.3 issued short fall letter on 12.10.2023 indicating certain short falls and petitioner was directed to comply the short falls within seven (7) days.
6. It is submitted that petitioner has complied with the short falls, and thereafter respondent No.2 vide letter dated 04.11.2023 informed the petitioner that their application for revised building permission 4 dated 30.09.2023 was rejected on the ground that proposal submitted by them is not as per the building rules.
7. It is submitted that the revised building permission submitted by the petitioner was rejected stating that it was not in conformity with the provisions of the G.O. Ms.No.168, MA & UD (M), dated 07.04.2012 and amendments made thereto, and also as per the provisions of the approved Master Plan Zoning Regulations. It is contended that the application submitted by the petitioner was in proper format, but the petitioner - firm is unable to get the key for submitting building permission in TG-bPASS. Petitioner - firm has provided all round setbacks as 8.0 meters at ground level as per the norms and projections of 2.0 meters all round is allowed after 6.0 meters height from ground level. The projections can be converted into rooms and other habitable areas, but the system is reading setbacks at higher levels where projection is taken instead reading at ground level, on which basis the key is denied. It is submitted that petitioner was informed by respondent authorities that system is not accepting their application. Thus, the instant writ petition is filed. 5
8. Learned standing counsel for HMDA, appearing for respondent Nos.2 and 3, submitted that HMDA has not received any application from the petitioner and as and when application is received, the same will be processed as per the rules. That, AutoCAD Drawing shall be prepared as per Pre-Development Control Rules (PREDCR) and the same shall be uploaded in DCR portal for verification of plan as per the Building Rules and key will be released if the application is in compliance with the Building Rules. The building permission will be uploaded basing on key generated in TG-bPASS portal.
9. It is submitted that DCR Portal is under the control of National Institute of Urban Management (NIUR). If application submitted is as per the Building Rules, key will be generated. The key was not generated in this case as there was deviation with the balconies, where the balconies have been converted into rooms.
10. Learned counsel for the petitioner contended that several attempts have been made to submit revised plan, but the petitioner is unable to get the access key.
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11. According to learned counsel for the petitioner, there is technical issue involved and petitioner is unable to access the key and his revised plan is not being received by respondent Nos.2 and 3. It appears that due to technical issue involved in the server system, petitioner is unable to upload his revised building permission.
12. In the circumstances, the writ petition is disposed of, directing the petitioner to submit their revised building application through offline/manual mode in respect of the subject property. On receipt of the same, respondent Nos.2 and 3 are directed to consider and process the application, and pass orders, by affording an opportunity of hearing to the petitioner. This exercise shall be completed within a period of four (4) weeks from the date of receipt of revised building application. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
______________________ B. VIJAYSEN REDDY, J June 9, 2025.
MS