THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.9086 of 2009 ORDER: The petitioner acquired the land in Survey Nos.8 and 9 of Peerzadiguda Village, Ghatkesar Mandal, Ranga Reddy District with an object of constructing a multi-storied building for establishing an educational institution. It approached the Revenue Divisional Officer for conversion of the land to non-agricultural use and the Hyderabad Metropolitan Development Authority (HMDA) for necessary permission. The Revenue Divisional Officer granted permission on 20.01.2009. The HMDA has also accorded permission under the provisions of the A.P. Urban Area (Development) Act. Thereafter, the petitioner submitted the application before the Gram Panchayat, 3rd respondent herein. Initially, the plan submitted by the petitioner was returned with as many as six objections, vide covering letter dated 24.01.2009. The petitioner submitted compliance report on 16.02.2009. In the meanwhile, the Divisional Panchayat Officer has also issued memo, dated 09.04.2009 to the 3rd respondent, directing him to release the plan, duly ensuring compliance. The 3rd respondent has once again issued a notice to the petitioner on 23.04.2009 directing it to comply with four requirements, viz., No Objection Certificate from Environment and Forest Department, execution of gift deed in respect of 100 feet road adjoining the building, shifting of H.T lines and submission of land conversion certificate. The petitioner submits that none of the conditions imposed by the 3rd respondent is tenable in law. Heard the learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and the learned Standing Counsel for the 3rd respondent. For the second time, the plan submitted by the petitioner was returned. One of the objections raised by the Gram Panchayat is the submission of no objection certificate from Environment and Forest Department. This in turn was referable to condition imposed by the HMDA in its proceedings dated 16.01.2009. It reads as under: “The applicant shall comply the provisions of notification issued by Ministry of Environment and Forests dt. 14.09.2006 as the total built up area is exceeding 20,000 Sq. Mtrs.” If the petitioner is of the view that it has complied with the condition, necessary proof thereof is to be provided. On the other hand, if the petitioner feels aggrieved by the same, it has to be assailed before the appropriate Forum. Learned counsel for the petitioner submits that the compliance report would be submitted by the petitioner. The other objections raised by the 3rd respondent are purely technical in nature. For instance, the land conversion certificate has already been issued by the Revenue Divisional Officer vide proceedings dated 20.01.2009. The shifting of H.T lines is said to be in progress. The petitioner is also prepared to execute gift deed transferring the 100 feet approach road. For this purpose, the 3rd respondent has to furnish the draft gift deed. Therefore, the writ petition is disposed of directing that as and when the petitioner complies with conditions 1, 2 and 3, the respondents shall release the plan and it shall be open to the petitioner to proceed with the construction in accordance with the sanctioned plan. There shall be no order as to costs. _________ 29.04.2009 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.9086 of 2009 Date: 29.04.2009 JSU