IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 23764 of 2007 Between: Mrs.Velidi Anjaneyaprasadini W/o.V.Surya Gurunadha Rao R/o.H.No.193, VAsavi Colony, Hyderabad. ..... PETITIONER AND The Cantonment Board, rep. by its Chief Executive Officer, Court Compound, Secunderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate Writ, order or direction declaring the proceedings of the respondent vide Lr.No.SCB/EB/PNo.2/Vijayanagar Cly/Picket/424/3661 dated 24.10.2007 as illegal, arbitrary and unjust and consequentially direct the respondent to consider the plans submitted by the petitioner for according sanction for construction of building in Plot No.2, (Premises No.2-3-234 and 234/A) in Sy.Nos.32, 33 and 34 situated at Vijyanagar Colony, Picket, Secunderabad Cantonment and pass necessary order or orders in the circumstances of the case and in the interest of justice. Counsel for the Petitioner:MR.M.S.N.PRASAD Counsel for the Respondent No.: MR.DEEPAK BHATTACHARJEE The Court made the following : ORDER: 1. This Court issued rule nisi on 29-11-2007. 2. Counter affidavit is filed. 3. Heard both the Counsel. 4. The Writ Petition is filed for a Writ of Mandamus or any other appropriate writ, order or direction declaring the proceedings of the respondent in Lr.No.SCB/EB/PNo.2/Vijayanagar Cly/Picket/424/3661 dated 24-10-2007 as illegal, arbitrary and unjust and consequentially to direct the respondent to consider the plans submitted by the petitioner for according sanction for construction of building in Plot No.2 (premises No.2-3-234 and 234/A) in Sy.Nos.32, 33 and 34 situate at Vijayanagar colony, Picket, Secunderabad Cantonment and to pass such other suitable orders. 5. It is stated that the father of the petitioner Sri Pidaparty Rama Somayajulu purchased an extent of 456 sq. yards, Plot No.2, comprised in Sy.Nos.32, 33 and 34 at Vijayanagar colony, Picket, Secunderabad under registered sale deed dated 12-2-1963 and obtained permission for construction of a house from the respondent Board by Resolution No.5(11) dated 30-3- 1963 and accordingly he constructed a house in the year 1963 itself and it was also assessed as H.No.3-7-234 and 234/A and the house and the taxes also are being paid regularly. The said house was constructed with lime and mud. On 3-2-1991, the petitioner’s father executed a registered Will in favour of the petitioner and her sister Smt.Vemparala Uma Phani. Since the house which was constructed by the father of the petitioner in the year 1963 is in a dilapidated condition, the petitioner intended to construct a building in the existing place and accordingly a No Objection Certificate from the Airports Authority of India as required was obtained on 7-11-2006 and submitted plan to the respondent Board for according sanction for construction of pucca building on 31-1-2007. However, the same was returned by the respondent on 15-2-2007 stating that permission cannot be considered as the society had not handed over 40% common areas through gift deed as per layout bye laws. The respondent prepared layout bye laws and it was published in the Gazette of India on 9-3-1974 and it is called as Secunderabad Cantonment (Layout out of Streets and regulation of prohibitions erection of buildings) Bye Laws 1974. It is also further stated that by the time the said bye laws came into force, there was no society in existence and all the roads and other amenities like drainage, water and electricity are in existence and it is well developed colony called as Vijaya Nagar Colony, Picket, Secunderabad. The existing roads, drainage system and other amenities are being maintained and looked after by the respondent Board. Hence the petitioner resubmitted plans with a request to accord permission by 17-9-2007 in view of the aforesaid facts. Again the application of the petitioner was returned by the respondent on 24-10-2007 stating that the matter had been referred to the competent authority for obtaining necessary direction and the petitioner was requested to resubmit the plans after receiving the necessary directions. It is further stated that there is no certainty in the decision taken by the respondent and the matter being postponed from time to time for the last one year. The respondent Board is competent to accord sanction by taking into consideration the circumstances of existing facilities and amenities in the colony wherein several buildings had come up with all amenities for the last 45 years and the colony is being looked by the respondent Board and hence the question of referring the matter to the competent authority as mentioned by the respondent in the impugned proceedings is uncalled for and the same delays the process and the petitioner will be put to great hardship and injustice. The impugned proceedings of the respondent is unjust and arbitrary. 6. It is brought to the notice of this Court that in similar circumstances W.P.No.12314/2007 had been disposed of by this Court on 6-12-2007 observing as hereunder:- “8. Here is a case where the writ petitioner approached this Court specifically averring that in relation to almost all the other plots, the owners had been granted permission long back and constructions also had come up. It is also pertinent to note that at a particular point of time, when an application had been made, the building permission in fact had been granted and this fresh condition which is being raised for the first time in pursuance of the resolution in the impugned order had been incorporated. For certain reasons, as explained by the writ petitioner, the petitioner could not further proceed with the construction and it appears another application had been made. The said application had been rejected specifying a fresh ground. In the light of the facts and circumstances, this Court is satisfied that the writ petitioner need not be driven to the alternative remedy of filing an Appeal especially in the peculiar facts and circumstances of the case since the self-same authority exercising the power granted sanction at a particular point of time and the conditions specified in the said order, it appears, had been complied with, but the writ petitioner was unable to further proceed with construction. Subsequent thereto when an application again had been made, for reasons best known, the respondent is raising such an objection. Having granted permission to almost all other persons similarly placed within the vicinity, this Court is of the considered opinion that respondent is not justified in making such an order of rejection on such untenable ground. This action of the respondent is both arbitrary and also discriminatory, definitely hit by Article 14 of the Constitution of India. Hence, the impugned order is hereby set aside and the Writ Petition is hereby allowed. Let the respondent take appropriate decision in this regard in the light of the views expressed by this Court at the earliest, preferably within a period of two weeks from the date of receipt of a copy of this order. No costs.” 7. In the light of the same, having granted permission to almost all persons similarly placed in the vicinity, the respondent is not justified in making such an order of rejection on such untenable ground. Hence this Court is of the considered opinion that the said action is arbitrary and discriminatory hit by Article 14 of the Constitution of India. Hence, the impugned order is hereby set aside and the Writ Petition is allowed. Let the respondent take appropriate decision in this regard in the light of the views expressed by this Court, at the earliest point of time, preferably within a period of two weeks from the date of receipt of this order. No costs. _________________ Justice P.S.Narayana Date : 28th February 2008 Note: Furnish copy by 3-3-2008 AM ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}