GANGOTHRI METAL INDUSTRY,HYDERABAD Vs. HYDERABAD METROPOLITAN DEVELOPMENT

JUDGEMENT

(1.) The present writ petition is filed questioning the demand notice issued by the respondent No.1 vide Letter No.509/NOC- Q/HMDA/2016, dtd. 16/5/2018, for payment of Rs.62,40,256.00 towards conversion charges from Residential Use Zone to Conservation Use Zone including procedural charges and publication charges with regard to the Quarry Lease Application dtd. 6/8/2008 made by the petitioner Firm in an extent of Acs.7.20 guntas in survey No.144 of Kajipally Village, Jinnaram Mandal, Medak District, as illegal and arbitrary and consequent direct the respondents to issue No-Objection Certificate and refund along with interest all the amounts paid by the petitioner Firm to respondent No.1 towards conversion charges from Residential Use Zone to Conservation Use Zone, processing and publication charges.

(2.) The brief facts of the case in the present writ petition are that the petitioner has applied for grant of quarry lease to the 4th respondent through proper channel i.e., the 3rd respondent, who, in turn, has written to the 7th respondent i.e., the Tahasildar vide letter No.2746/Q/2008, dtd. 29/7/2016, wherein he has sought information regarding inspection and issue of NOC for grant of quarry lease, and the 7th respondent, in turn, has issued a letter vide No.B/4544/2016, dtd. 9/8/2016, stating that the subject land is a government land and it has no objection to accord permission to quarry lease for mining in Sy.No.144 to an extent of Ac.3.8 hectares of Khajipally village in favour of the petitioner subject to obtaining necessary consents from the HMDA, Hyderabad, and that vide 3rd reference cited (Lr.No.C/5216-1/2015, dtd. 18/6/2015), they have issued NOC in favour of M/s.Buildmate Sand Pvt.Ltd., for an extent of Ac.3.00 Hectares. Along with the same, the Tahasildar had annexed site map showing the area of mining. Thereafter, the 3rd respondent has written a letter vide Lr.No.2746/QL/2008, dtd. 11/8/2016, to the Commissioner, HMDA, whereby it is stated that to kindly issue report in the subject matter for processing the Quary Lease application for Stone &Metal in Sy.No.144 of Khajhipally village, Jinnaram Mandal, Medak District, over an extent of 3.08 Hectates for a period of (15) years in favour of the petitioner. Subsequently, the petitioner has also made an application to the HMDA for grant of NOC vide application No.000327/MED/CLU/U5/HMDA/28102016, dtd. 28/10/2016. Initially, the said application was rejected on the ground that the change of land use Residential use zone to Miscellaneous is not agreed. Thereafter, the Secretary to Government, MA and UD (II) Department, by letter No.9975/11/2016-4, dtd. 25/4/2017, has clarified to the HMDA, which reads as follows:

(3.) Thereafter, the Commissioner, HMDA, vide letter, dtd. 6/6/2017, has written to the petitioner herein to subject fresh proposal for change of land use. Based on which, the petitioner again applied fresh application vide application No.002940/MED/ CLU/U6/HMDA/19082017, dtd. 19/8/2017. Thereafter, the impugned order, dtd. 16/5/2018, vide Lr.No.509/NOC- Q/HMDA/2016, came to be passed directing the petitioner to pay a sum of Rs.58,40,256.00 to pass necessary orders for change of land use.