A. G. RAVINDRANATH REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Sri Velagapudi Srinivas, learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1, Mr. Y. Rama Rao, learned Standing Counsel for HMDA for respondent No.2, and Sri N. Sridhar Reddy, learned counsel for respondent Nos.3 to 12. With the consent of both the parties, the writ petition is disposed of at the admission stage.

(2.) This writ petition is filed challenging the Revised Approval vide Layout Permit No.05/LO/Plg./HMDA/2015, dated 21.09.2020, issued by respondent No.2, the Commissioner, Hyderabad Metropolitan Development Authority, in respect of the land in Survey Nos.104/A, 140/AA, 140/E, 140/EE, 140/VU, 141/A, 141/AA, 141/EE, 145, 145/A and 145/AA of Kokapet Village, Gandipet Mandal, Ranga Reddy District.

(3.) The case of the petitioners, in brief, is that they are the owners of their respective villas in the Gated Community known as "Eden Garden" comprised in an extent of Acs.9.14 guntas in Survey Nos.104/A, 140/AA, 140/E, 140/EE, 140/VU, 141/A, 141/AA, 141/EE, 145, 145/A and 145/AA of Kokapet Village, Gandipet Mandal, Ranga Reddy District. It is stated that respondent Nos.3 to 11 and other owners have executed a Registered Development Agreement-cum-General Power of Attorney, dated 19.11.2014, in favour of respondent No.12 for development of the said land into a Gated Community of Villas; that pursuant to the said Development Agreement-cum-General Power of Attorney, dated 19.11.2014, respondent No.12 has obtained permission for construction of villas vide permit dated 10.03.2015 and that according to the sanction plan, an extent of 5056 square meters is earmarked as open space and 4995.40 square meters as park area. But, respondent Nos.3 to 12, by suppressing the material facts, have obtained the impugned revised plan, dated 21.09.2020, for construction of additional villas in the land earmarked for open space, parks etc. Further, in the impugned revised approval, the extent of the land is mentioned as Acs.9-20.5 guntas instead of Acs.9-14 guntas and the open area is reduced from 5046 square meters to 4382.21 square meters. Hence, this writ petition.