MOHAMMED AHMED ALI Vs. THE STATE OF TELANGANA

JUDGEMENT

(1.) THIS Writ Petition is filed by the petitioner questioning the proceeding No. G4/BP/351/W. No. 12/CSC/88684/TPS/C -3/GHMC/2013 dt. 02 -12 -2013 of the 2nd respondent rejecting application submitted by petitioner for construction of a residential building consisting of stilt+4 upper floors on plot No. 5/1 and 5/2 in Sy. Nos. 91, 92, 93 and 96, Dhatunagar, situated at Karmanghat (v), Saroornagar (M), Ranga Reddy District on the ground that the above site falls under 200 feet proposed road as per the Revised Master Plan 2008.

(2.) THE petitioner has purchased the above property under a registered sale deed being D. No. 10847/2012 dt. 29.08.2012. These plots form part of Ward No. 8, Block No. 9, Dhatunagar, Karmanghat and are said to be Hyderabad Urban Development Authority approved plots vide proceedings No. 19/MP2/HUDA/2004 dt. 02.04.2004. The petitioner alleges that these plots form part of the land abutting to plot No. 5 which is a HUDA layout.

(3.) THE petitioner contends that this order is contrary to law and violates his constitutional and legal rights guaranteed under the Constitution of India. According to the petitioner, the layout in which these plots are located is a HUDA approved layout in 2004 itself which has become part of Ward No. 8, GHMC, and his right over the property cannot be taken away on the ground that it is included in the Master Plan. The petitioner contends that if the respondents require his land/plots for any public purpose such as the proposed road, they have a statutory obligation to acquire the same by paying compensation; and without doing so, they cannot prevent him from enjoying his property or reject his application for building permission. The petitioner also alleges that as on date the respondents have not taken any steps to acquire his land.