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3.1. The Writ Appeal, W.A.No.65 of 2023, has been preferred by Sri Sai Balaji Township Welfare Society (for short 'the Society') against the order of the learned Single Judge dated 2 HCJ & NTRJ WA_65,66&72_2023 15.12.2022 in W.P.No.41383/2022. The writ petition was filed by Sai Balaji Infra Developers (for short 'Infra Developers') wherein the inaction of the Shadnagar Municipality for not taking action in removing the compound wall, which was constructed without permission and in contravention of the conditions of the technical sanction of the Director of Town and Country Planning (for short 'DTCP'), around the layout developed by Sri Sai Balaji Developers (for short 'the developer') in spite of the representations dated 04.10.2021, 13.09.2022 and the terms of the undertaking in interim order dated 08.03.2016 in W.P.M.P.No.9345/2016 in W.P.No.7318 of 2016. 3.2. The Writ Appeal, W.A.No.66 of 2023, by the society is set against the order of the learned Single Judge dated 15.12.2022 in W.P.No.42655 of 2022 whereby prayed for direction to the Shadnagar Municipality not to demolish the compound wall of their gated community without serving notice and to set aside the notices dated 22.01.2016 and 26.02.2016 issued by the Shadnagar Municipality basing on the complaint lodged by the Infra Developers.

3 HCJ & NTRJ WA_65,66&72_2023 3.3 The Writ Appeal, W.A.No.72 of 2023, is also filed by the Society, challenging the order of the learned Single Judge dated 15.12.2022 in W.P.No.7318 of 2016 filed by the Developer to declare that the notice dated 26.02.2016 issued by the Shadnagar Municipality for removal of the compound wall, is illegal and to set aside the same.

FACTUAL MATRIX:

4.1. The Developer/Sri Sai Balaji Developers/Petitioner in W.P.No.7318 of 2016 had proposed a layout in a land admeasuring Ac.83.0825 cents in Sy.Nos.139, 140, 145, 146, 147, 150 and 151 of Solipur village of Farooqnagar mandal, Shadnagar Municipality (for short 'the layout'). The DTCP accorded technical approval on 28.05.2014 and final layout was sanctioned on 24.08.2015, by the Shadnagar Municipality. 4.2. The Infra Developers/Sai Balaji Infra Developers/ Petitioner in W.P.No41383 of 2022 also formed a residential layout within Ac.09.437 cents in Sy.Nos.523 part, 524 part and 528 part situated at Choudammagutta Thanda, Shadnagar 4 HCJ & NTRJ WA_65,66&72_2023 mandal adjacent to the layout of the developer. This layout was also approved by the DTCP on 01.05.2021.
7 HCJ & NTRJ WA_65,66&72_2023 4.10. The residents of the layout of the developer formed the Society and filed Writ Petition No.42655 of 2022 by pleading that the developer had released brochure projecting the layout to be a gated community; therefore they have purchased the plots.

However, the Shadnagar Municipality had issued notice based on the complaint of the Infra Developers. Though there is another approach road to the layout of the Infra Developers, the Shadnagar Municipality had taken up proceeding without putting the society on notice. Thus sought for setting aside the notices issued by the Shadnagar Municipality.

9. Learned Assistant Government Pleader and the Standing Counsel for the Shadnagar Municipality submitted that the municipal authority had initiated action as per the conditions of the layout approval and the statute and the further proceedings would be as per the directions passed in these appeals. ANALYSIS AND CONCLUSION:

10. We have given our thoughtful consideration and to the pleadings and the materials placed on record.

11. Undisputedly, the developer as layout owner had obtained sanctions from the authorities i.e., DTCP and Shadnagar Municipality on certain conditions.