LAWS(TLNG)-2019-11-22

BAJJURI VENUGOPAL Vs. STATE OF TELANGANA

Decided On November 01, 2019
Bajjuri Venugopal Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) The petitioner challenges the Notice dated 02.02.2015 issued by respondent No.2-Commissioner, Warangal Municipal Corporation.

(2.) It is the case of the petitioner that he submitted an application on 09.07.2012 seeking building permission to construct Ground plus First floor in Open Plot No.63 and 64 in Survey Nos.26, 27, 29 and 30, situated at Lalji Doddi Girmajipet, Warangal Town, Warangal District. He made another application on 30.08.2012 seeking permission to construct Ground, First and Second Floors in the Open Plot Nos.65, 66 and 67 in the same survey numbers. He paid the prescribed fee along with the applications. As no orders were passed either approving or rejecting his applications even after a lapse of 30 days from the date of making applications, in view of deeming provision under Section 437 of GHMC Act, the petitioner proceeded with construction activity. The petitioner asserts that in response to the notice issued under Sections 452(1) and 461(1) of GHMC, he submitted detailed explanation on 27.01.2015, but the 2nd respondent, without considering his explanation, passed the impugned order dated 02.02.2015 under Section 452(2) of the Act.

(3.) Sri Polisetty Radha Krishna, learned counsel for the petitioner submits that the petitioner had made applications under Building Regularisation Scheme (BRS) notified by the Government in terms of G.O.Ms.No.152, dated 02.11.2015, and the same are pending.