HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 18908 OF 2008 DATED 19th November, 2014.
BETWEEN Dr.D.Chandra Mohan ….Petitioner And The Greater Hyderabad Municipal Corporation, Hyderabad, rep. by its Commissioner and ors.
…Respondent.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 18908 OF 2008.
ORDER:
Heard learned Counsel for the petitioner, learned Standing Counsel for Respondents 1 and 2 and learned Government Pleader for Respondents 3 and 4.
This Writ Petition was filed challenging action of the respondents in recommending building permission through proceedings dated 18.08.2008 in Lr.No.580/CSC/TP- 10/2008/2374 for Plot No. 799 in Sy.No.102/1 of Hakeempet village, Sy.No.120(N), 403/1 (O) of shaikpet village, Hyderabad. In the said letter, respondents 1 and 2 imposed certain conditions while granting permission for construction of a commercial complex consisting of sub-cellar, Cellar for parking, Ground + 4 upper floors in the above said land. But, learned Counsel for the petitioner submits that after the said permission order, he obtained permission for construction of another building in the same site and in view of the same, nothing survives for adjudication in the present Writ Petition in respect of the impugned proceedings dated 18.08.2008. However, learned Counsel for the petitioner submits that the fourth respondent issued proceedings under Section 4(1) of the Land Acquisition Act on 7.8.1999 in respect of some portion of plot No. 799 of Jubilee Hills, Shaikpet village, Hyderabad District and though notice was issued under Section 9 of the L.A. Act, the petitioner is not aware as to whether Award is passed in respect of the said land. The issue with regard to passing of Award in respect of the land, in respect of which Section 4(1) notification was issued, has nothing to do with the proceedings dated 18.08.2008 impugned in the present Writ Petition. It is open to the petitioner to pursue his remedies as available to him under law in respect of the land which was sought to be acquired pursuant to Section 4(1) notification.
Subject to the above observation, the Writ petition is dismissed as having become infructuous. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 19th November, 2014. Msnrx