Telangana High Court
Mora Venkateswarlu vs The State Of Telangana on 24 July, 2020
Author: Challa Kodanda Ram
Bench: Challa Kodanda Ram
THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No.11119 of 2020
ORDER:
Petitioner assails the action of 2nd respondent Municipality in not accepting his application for grant of permission for construction of residential house in Plot No.19 (part) admeasuring 27.54 square yards, and Plot No.20 admeasuring 165.76 square yards, in Survey No.687/4, situated at Sambaiah Thota, Sub-road of Peddapalli Town, Karimnagar District.
Heard Sri Polisetti Radhakrishna, learned counsel for the petitioner, and Sri N. Praveen Kumar, learned Standing Counsel for the 2nd respondent Municipality.
At the hearing, learned counsel for the petitioner submits that the application submitted by the petitioner can be considered by the competent authority as per the Circular U.O.No.B/1545/TPS/CCP/HO/ GHMC/2016/485 dated 19/24.4.2017. He further submits that the subject matter of the present Writ Petition is squarely covered by the order passed by this Court in W.P.No.23191 of 2017 dated 24.10.2017.
This Court by order dated 24.10.2017 disposed of W.P.No.23191 of 2017 observing as under:
"5. It is very much evident from the above circular that the applications for building permissions can be considered by the 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 the reading of the above memo that the building application of the petitioner herein deserves to be considered in terms of the said circular dated 19/24.4.2017 subject to compliance of statutory requirements.
6. Accordingly, the writ petition is disposed of, directing the Respondent Municipality to accept the application of the petitioner herein for building permission in terms of the Circular U.O. No.B/1545/TPS/CCP/HO/GHMC/2016/485 dated 19/24.4.2017 issued by the Commissioner, Greater Hyderabad Municipal Corporation and pass appropriate orders, as per law."
Accordingly, in terms of the order dated 24.10.2017 passed in W.P.No.23191 of 2017 and for reasons alike, this Writ Petition is also disposed of directing the 2nd respondent Municipality to accept and process the application of the petitioner herein for grant of building permission in terms of the Circular U.O.No.B/1545/TPS/CCP/HO/ GHMC/2016/485 dated 19/24.4.2017 issued by the Commissioner, Greater Hyderabad Municipal Corporation and pass appropriate orders, as per law. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
____________________ CHALLA KODANDA RAM, J 24th July, 2020 KSM THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.11119 of 2020 24th July, 2020 KSM