C.H SUGUNAMMA Vs. DISCT COLLECTOR HYDERABAD

JUDGEMENT

(1.) This Writ Petition is filed for a mandamus to declare the action of respondent Nos. 1 to 3 in stopping the construction work of the petitioner over 281.66 sq. yards in plot Nos. 93 and 94, situated in Sy. No. 115 of Bhanunagar, Saidabad, Hyderabad (for short "the subject land") as illegal and arbitrary. The petitioner claims ownership over the subject land under registered gift settlement deed dated 28-1-2006. The petitioner pleaded that she along with one P. Venkat Reddy, who is the owner of plot No. 93 admeasuring 289 sq. yards, entered into a development agreement with a builder for construction of Stilt+Ground+Three floors; that the Greater Hyderabad Municipal Corporation (GHMC) has issued permission vide File No. 382/B/93-94/l/17/2009 on 6-8-2010; that when the petitioner started construction, three persons belonging to the locality have lodged a complaint to respondent No. 3 and that the said persons have also allegedly got a news item published in Eenadu Telugu Daily on 24-11-2010 wherein it was alleged that the petitioner has encroached upon the land earmarked for construction of a school for poor students. The Lok Ayukta of Andhra Pradesh has taken suo motu cognizance of this news item as complaint No. 2145/2010/B1 and issued notices to respondent Nos. 1 to 3 and the Inspector of Police, Saidabad. In pursuance of the said notice, respondent No. 3 and the Project Director, Housing Department got a joint inspection done by the Mandal Surveyor and submitted a joint inspection report dated 13-1-2011 wherein it was found that the petitioner has not encroached upon the Government land. The District Collector submitted a report based on the said joint inspection report and considering the same, the Lok Ayukta has closed the enquiry by his order dated 2-1-2012. As the above three persons of the locality were persistently running after the petitioner, she has filed O.S. No. 3230/2010 for permanent injunction and the learned XIX Junior Civil Judge, City Civil Court, Hyderabad has decreed the said suit ex-parte on 20-10-2011.

(2.) After closing of the complaint by the Lok Ayukta, the petitioner again applied for building permission along with the said P. Venkat Reddy on 31-5-2012 and after due verification of the documents, the GHMC has granted building permission vide File No. 37954/31/05/2012 dated 11-10-2012. When the petitioner has resumed the construction work, a fresh complaint was given to respondent Nos. 2 and 3 by the said three private individuals and based on the same, respondent No. 3 and her staff went to the construction site on 31-12-2012 and high handedly forced the petitioner's builder to stop the construction work. Feeling aggrieved by the interference with the petitioner's construction by respondent No. 3, the present Writ Petition is filed.

(3.) Respondent No. 3 filed a counter affidavit wherein she has inter alia admitted the facts pleaded by the petitioner relating to the joint inspection report and closing of the complaint by the Lok Ayukta. She has further stated that at the time the joint inspection has taken place, there was no encroachment over the land meant for VAMBAY Housing Scheme, but, the petitioner has subsequently encroached upon the neighbouring Government land. Respondent No. 3 further stated in the counter affidavit that the petitioner submitted an application for transfer of her rights under G.O.Ms. Nos. 257 and 258 dated 29-3-2013 r/w. G.O.Ms. No. 166 and that in her regularisation application dated 3-12-2011 the petitioner has mentioned Sy. No. 114 (old) and that this itself shows that the petitioner is in occupation of the Government land and has been raising construction thereon.