HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.29248 of 2010
Date: June 20, 2014
Between:
M. Venkateswarlu.
… Petitioner And
1. The Government of Andhra Pradesh, Municipal Administration & Urban Development Department, rep. by its Principal Secretary, Hyderabad & 4 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.29248 of 2010
O R D E R:
Heard learned counsel for the petitioner and learned Government Pleader for the respondents.
2. The petitioner states that he is the owner of the property admeasuring 234 square metres in premises No.13-6-433/26, Nethajinagar, Langer House, Hyderabad, having purchased the same from Netaji Co-operative Housing Society. Originally, the Netajinagar Co-operative Housing Society purchased an extent of Ac.18.00 guntas in Survey Nos.222/5 and 232/2 of Gudimalkapur Revenue Village, Golconda Mandal, under agreements of sale dated 02.11.1981 and 04.11.1981 and applied for exemption as per G.O.Ms.No.136, dated 28.01.1981. As there was delay on the part of the Government in considering the exemption application, the society filed a suit for specific performance of agreement of sales which ended in compromise and the vendors executed GPA in favour of the representative of the society by receiving sale consideration as per compromise decree dated 15.02.1991 in O.S.No.1794 of 1989 on the file of I Additional Judge, City Civil Court, Hyderabad. The society also applied for layout and HUDA granted technical approval vide letter No.4679/P7/H/91 dated 06.06.1991 and the Municipal Corporation released tentative layout on 27.04.1992. As per the tentative layout, the society allotted plots to its members and one of such plot No.26 was allotted to the petitioner. The society was pursuing the matter with ULC for exemption under GOMS.No.136 dated 28.01.1981. In the meanwhile, the Government issued G.O.Ms.No.455, Revenue (UC.1) Dept. dated 29.07.2002 facilitating regularization of plots in favour of persons in possession of the same by collecting amount. In those circumstances, the society applied to the Government seeking permission to consider the cases of members of the society under G.O.Ms.No.455 and Government after considering the representation of the society issued G.O.Ms.No.516, Revenue (UC.1) Department dated 21.04.2003 to enable the society and its members to consider their applications under G.O.Ms.No.455 dated 29.07.2002. Accordingly, the petitioner submitted an application seeking regularization of his plot under G.O.Ms.No.455 and he was directed to pay an amount of Rs.40,014/- for regularization and he paid the same on 21.02.2005. The petitioner with a view to construct a building in the said plot submitted an application in the year 2005 and when no orders were passed sanctioning building permission within the statutory period, the petitioner went ahead with the construction as per the submitted plan and completed. Then, the Government issued G.O.Ms.No.901 MA dated 31.12.2007 naming as the Andhra Pradesh Regulation and Penalization of Unauthorizedly Constructed Buildings and Buildings Constructed in Deviation of the Sanctioned Plan Rules, 2007. As per the said scheme, the petitioner submitted an application along with all necessary documents by paying required fee vide application No.BPS/7246/C7/CZ/2008. Ultimately, the said application was rejected by the 3rd respondent on 23.10.2010 on the ground that the ownership documents are notarized and not registered by the Sub- Registrar and the petitioner has not submitted the copy of LRS approval of the plot and copy of ULC clearance issued by the Special Officer & Competent Authority, Urban Land Ceiling. In the meanwhile, one P. Mahender, sister’s son of the petitioner and resident of Humayunnagar, Masab Tank, filed W.P.No.9740 of 2008 seeking a direction to demolish petitioner’s building. The said writ petition was disposed of by order dated 18.06.2009 with a direction to the first respondent to consider the contents of the petition as well as the counter filed by the 3rd respondent and take necessary decision in accordance with law. The petitioner in the said writ petition also filed C.C.No.383 of 2010 and in order to avoid contempt proceedings the instant order of rejection was passed. Though there was a provision of appeal and an Appellate Committee was constituted as per clause 11 of G.O.Ms.No.901 dated 31.12.2007 through G.O.Ms.No.2 dated 02.01.2008 which was amended thereafter, since it consisted of the Commissioner who passed the rejection order, the petitioner could not avail the remedy of appeal. Hence, the present writ petition was filed challenging the order of rejection dated 23.10.2010 passed by respondents 2 to 4.
3. The first respondent filed a counter-affidavit stating that in view of the observations made by this Court and in order to ensure principles of natural justice and to dispose of the appeals in more transparent and diligent manner, Government have taken a decision to re-constitute a single Appellate Committee for disposal of pending appeals filed against approval/rejection orders passed by the competent authority in case of Building Penalization Scheme/Layout Regulation Scheme applications. Accordingly, orders were issued by the Government vide G.O.Ms.No.121 MA & UD Department, dated 13.05.2014 constituting a single Appellate Committee with three officers.
4. When this fact was brought to the notice of this Court, the learned counsel for the petitioner fairly submits that he will take recourse to the appellate remedy available to him and file appeal before the single Appellate Committee.
5. Accordingly, the petitioner is given liberty to file an appeal against the order dated 23.10.2010 of rejection of his BPS application within a period of four weeks from the date of receipt of a copy of this order and the Appellate Committee shall consider the same in accordance with law and pass appropriate orders within a period of three months thereafter.
6. The writ petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: June 20, 2014 BSB
06 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.29248 of 2010
Date: June 20, 2014
BSB