THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY Writ Petition No.19189 of 2009 ORDER: The petitioner submitted an application for regularisation of a plot/layout in terms of G.O.Ms.No.902, dated 31.12.2007 read with G.O.Ms.No.133, dated 31.01.2009. An order was passed imposing various conditions. This writ petition is filed challenging the conditions imposed while regularising the plot. The grievance of the petitioner is that on the one hand she was required to leave an extent of 50 square yards of land for providing the required width of the road and on the other, the pro rata charges towards short fall of the open space are levied. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The proforma adopted by the Greater Hyderabad Municipal Corporation in terms of the G.Os. referred to above provides for levy of various charges, in case the applicant is found eligible for regularisation of a plot. In case a plot, which is the subject matter of an application, does not abut the road of the stipulated width, two contingencies are provided. One is levy of pro rata charges towards shortfall of open space and the other is to require the applicant to leave the space that is needed to maintain the width of the road. In the instant case, the petitioner was required on the one hand to leave an extent of 50 square yards of land and on the other, to pay the pro rata charges towards shortfall of open space. The respondents cannot have both the ways. After realising their mistake, the respondents have refused to revise the proceedings, dated 25.02.2011. It was, however, mentioned that the petitioner has to pay pro rata charges towards shortfall of open space whenever she files an application seeking permission to construct. Here a word of clarification needs to be given. An option is given to the petitioner either to surrender the land that is required to maintain the stipulated width of the road or to pay the pro rata charges. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________________ L. NARASIMHA REDDY, J Dt.14.03.2011. kdl