Lalitha Bloomfield Home Owners Association vs. State Of Telangana
Facts
The petitioners, Lalitha Bloomfield Home Owners Association and Rajendran Chingaravelu, filed a writ petition challenging an order dated January 20, 2024, issued by the Commissioner, Town Planning Section (HO), GHMC. They sought a declaration that the order was illegal and arbitrary, and requested directions for onsite measurements before issuing Occupancy Certificates (OCs) for buildings constructed by the 4th and 5th respondents. The petitioners also sought to have these buildings sealed until OCs were issued. The 4th respondent is Vasudeva Realtors Pvt. Ltd., and the 5th respondent is Pratibha Mikalapati. Respondents 6 to 14 are tenants in the 4th respondent's building. The State of Telangana, GHMC, and the District Collector were also impleaded.
Held
The Court noted that during the hearing, it was informed that the building constructed by the 4th respondent had been issued an Occupancy Certificate by the GHMC authorities on April 01, 2024, confirming that the construction was in conformity with the sanctioned plan. Consequently, the Court held that the issues concerning alleged encroachment onto government land and the correctness of the Occupancy Certificate issued could not be adjudicated in the present writ petition, which was filed for a different purpose. The Court granted liberty to the petitioners to pursue remedies available in law against the inaction of revenue authorities regarding the alleged encroachment by the 5th respondent and against the GHMC for issuing the OC for the building constructed pursuant to the building permission dated March 11, 2020. The writ petition was closed.
Key Issues
1. Whether the order dated January 20, 2024, issued by the Commissioner, Town Planning Section (HO), GHMC, is illegal, arbitrary, and contrary to the provisions of the GHMC Act, 1955, as contended by the petitioners? 2. Whether the Court can go into the issue of construction encroaching on government land and the correctness of the Occupancy Certificate issued, given the specific purpose for which the writ petition was filed? Petitioner's Contention: The petitioners argued that the impugned order was illegal and arbitrary, violating the GHMC Act, 1955. They sought directions for onsite measurements and sealing of buildings lacking OCs. Revenue/State's Contention: The judgment does not record specific arguments from the revenue or State respondents regarding the impugned order. However, during the hearing, it was brought to the Court's notice that the 4th respondent's building had been issued an Occupancy Certificate on April 01, 2024, confirming conformity with the sanctioned plan.
Sections Cited
GHMC Act, 1955
AI-generated summary — verify with the full judgment below
[ 3166 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Juri iction) WEDNE AY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR PRESENT THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITIONf,IO: 3899 OF 2024 Between:
Lalitha Bloomfield Home Owners Association,, H. No. 25, Lalitha Bloomfield Khaiaquda. Hyderabad - 500 104 Rep. by Authorized representative Mr. Pra5hikar Rad Koneru H. No. 25, Lalithh Blciomfield, Khajaguda, Hyderabad - 500 104. 2. Rajendran Chingaravelu,, S/o. P. Chingaravelu, Aged-about^58 years, R:/o. H. No. 6,'Lalitha Bloomfield, Khalaguda, Hyderabad - 500 104-Nanakramguda Road Khajaguda, Hyderabad - 500 104. ..pETrrtoNERS AND 1. State of Telangana,, represented by its Principal Secretary, MA and UD Department BRKR Buildings, Secretariat Build ings, HycJerabad.
Greater Hyderabad Municipal Corporation, representdd by its Commissicner, C C Buildings, Tank Bund Secretariat Hy-derabad.
Greatei Hyderabad Municipal Corporation, represented by its Zonal Commissioner Serilingampally Zone, Hyderabad.
Vasudeva Realtors Ptt. Ltd,, i-6YBvl10l1 Nanakramguda Road, Khajaguda, Hyderabad -500 104 represented by its Managing Director, Mrs. D- S
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