HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.9482 of 2007
and
WRIT PETITION No.11440 of 2007
Date: July 04, 2014
WRIT PETITION No.9482 of 2007
Between:
P. Veena … Petitioner And 1. Uppal Municipality, Rep. by its Commissioner, Uppal, Ranga Reddy District & 4 others.
… Respondents * * *
WRIT PETITION No.11440 of 2007
Between:
1. T.V.K. Reddy & another.
… Petitioners And
1. The Mandal Revenue Officer, Uppal Manndal, Ranga Reddy District & 3 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.9482 of 2007 and
WRIT PETITION No.11440 of 2007
COMMON ORDER:
In W.P.No.9482 of 2007, the petitioner challenged the inaction of the respondents in granting construction permission pursuant to the building application submitted by her on the ground that the plots of the petitioner may fall in the submergence of the Full Tank Level of Pedda Cheruvu Tank/Ramanthapur Tank.
2. The petitioner states that she is the absolute owner and possessor of Plot Nos.171 (part), Plot No.155/part, 170/part and 169/part admeasuring 298 square yards in Survey No.43, Ramanthapur Village, Uppal Mandal, Ranga Reddy District, having purchased the same under registered sale deed dated 29.09.1988. She is also owner of other Plot Nos.155 and 170 part admeasuring 43.3 square yards under another registered sale deed dated 29.04.1989. She wanted to make a construction in the said land and submitted a building plan to the first respondent and was ready to pay necessary fee to the 2nd respondent. It is also her case that as per revenue records the land in Survey Nos.42, 43 and 44 of Ramanthapur Village was recorded as patta land and it was not under submergence of Pedda Cheruvu Tank of Uppal Mandal. When no action was taken by the respondents for sanction of building permission, she enquired in the office and she was told that the said survey numbers fall in the submergible area of Full Tank Level of Pedda Cheruvu Tank and hence construction permission cannot be issued. She further states that some of the neighbours filed W.P.No.16397 of 2004, W.P.No.6426 of 2006, W.P.No.2235 of 2006 and they were all disposed of by this Court directing the first respondent to consider the applications of the petitioners and see whether they are in accordance with the provisions of the A.P. Municipalities Act and the building rules and regulations and Master Plan of the 2nd respondent and if all the requirements are satisfied, they should not be rejected on the basis that they fall within the Full Tank Level of Peddacheruvu and consider the same subject to the undertaking given by the petitioners that the construction would be at their own risk and would not claim compensation for the building in case of risk or acquisition for preserving the land for Full Tank Level. Challenging the inaction of the respondents, the present writ petition was filed.
W.P.No.11440 of 2007:
3. In this case, the petitioners claim to be the owners and possessors of Plot Nos.8 and 9 in Survey Nos.65/1a, 65/1aa and 65/1e admeasuring 752 square yards situated in Block No.9, Ravindranagar Colony, Habsiguda Village, Uppal Mandal, Ranga Reddy District. It is their case that their vendors took building permission for construction of stilt + 5 upper floors over the said plot of land vide Proceeding No.BA/284/99 dated 23.12.1999, with due technical sanction from the Urban Development Authority. But the vendors could not proceed with the construction due to paucity of funds. Hence, the petitioners sought renewal of the permission which was originally valid up to 22.12.2002. The petitioners sought renewal of the application of the original permission dated 23.12.1999 and when no orders were passed, the present writ petition was filed.
4. The learned counsel for the petitioners submits that in view of the earlier orders passed by this Court in W.P.No. 16397 of 2004, W.P.No.6426 of 2006 and W.P.No.2235 of 2006, the applications of the petitioners are liable to be considered without taking objection that their plots fall within the Full Tank Level of Peddacheruvu Tank.
5. The learned standing counsel for the Urban Development Authority submits that in view of clear legislative mandate in Rule 5(a) of G.O.Ms.No.86 dated 13.04.2005, no building permission can be granted and the orders that were passed earlier were prior to the issuance of G.O.Ms.No.86 dated 13.04.2005. It is also brought to the notice of this Court that a Division Bench of this Court in W.A.Nos.1891, 1901 and 1906 of 2013 in its order dated 10.12.2013 modified the orders of the learned single Judge by deleting the portion of the order by which the respondents were directed to permit the petitioners to raise structures, but however, retained the portion of the order whereby the municipal authorities were directed to consider the petitioners’ representation and pass appropriate orders. But as already stated by me, these orders are passed without considering G.O.Ms.No.86 dated 13.04.2005. It is also submitted by the learned standing counsel that the new A.P. Building Rules, 2012, issued under G.O.Ms.No.168, MA & UD (M) Department, dated 07.04.2012, also contained the provision restricting the building activity in the vicinity of certain areas including water bodies in Rule 3 thereof. Rule 3 (a)(i) of A.P. Building Rules, 2012 states as follows:
“3. Restriction of building activity in the vicinity of certain areas:
(a) Water Bodies (i) No building/development activity shall be allowed in the bed of water bodies like river or nala and in the Full Tank Level (FTL) of any lake, pond, cheruvu or kunta/shikam lands.
Unless and otherwise stated, the area and the Full Tank Level (FTL) of a Lake/Kunta shall be reckoned as measured and as certified by the Irrigatioin Department and Revenue Department.”
6. I dismissed W.P.No.7281 of 2006 on 20.01.2014 by considering the subsequent rules as per the counter filed in the said writ petition. The Pedda Cheruvu, Ramanthapur Village, Uppal Mandal is an old restored tank and there is no ayacut under this tank, as the entire ayacut is converted into residential purpose. The Government issued G.O.Ms.No.216 dated 13.06.2005, transferring the land from Panchayat Raj Department to Irrigatiion Department. The land in Survey Nos.42, 43 and 48 of Ramanthapur Village, Uppal Mandal, Ranga Reddy District, is falling in the submergible area of Full Tank Level of Pedda Cheruvu and the submergible area shall only be used for cultivable purpose and not for other activities, like construction of building, sheds and other residential purposes and any activity effecting the water body is prohibited as it would effect the ground water.
7. In the instant case, the lands fall within Survey Nos.42, 43 and 43 of Ramanthapur Village, Uppal Mandal, Ranga Reddy District and fell within the submergible area of Full Tank Level of Pedda Cheruvu and the directions issued in the earlier writ petitions were prior to the issuance of G.O.Ms.No.86, dated 13.04.2005, and G.O.Ms.No.216, dated 13.06.2005. Under the present building rules, no construction activity is permitted in the bed of water bodies.
8. In that view of the matter, the applications of the petitioners for building permission/renewal of building permission cannot be granted. Accordingly, the writ petitions are dismissed. Pending miscellaneous petitions, if any, in both the writ petitions shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: July 04, 2014 BSB
2 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.9482 of 2007
and
WRIT PETITION No.11440 of 2007
Date: July 04, 2014
BSB