IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15491 of 2008 Between: 1. M.Anuradha, W/o. M.Buchi Reddy, R/o. H.No.9-53,Sarada Nagar, Ramantapur, Hyderabad. 2 T.Vijayalakshmi, W/o. N.Ashok Goud, R/o. H.No.3-14-36/8/285, Viveknagar, Ramanthapur, Hyderabad. 3 V.Swaroopa, W/o. Laxminarayana, R/o.H.No.3-4-119/F/1, Nehru Nagar, Ramanthapur, Hyderabad. ..... PETITIONER(S) AND 1 The Greater Hyderabad Municipal corporation, Rep by its Deputy Commissioner, Uppal Circle, Uppal, Ranga Reddy District, 2 Hyderabad Urban Development Authority, Rep by its Vice Chairman, Begumpet, Hyderabad. 3 District Collector, Ranga Reddy District, at Hyderabad. 4 Mandal Revenue Officer, Uppal Mandal, Ranga Reddy District. 5 Executive Engineer, Irrigation Department, North Tank, Budda Bhavan, Tank Bund, Hyderabad. .....RESPONDENT(S) 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 or order or direction more particularly one in the nature of writ of Mandamus, declaring that the inaction on the part of the Respondents in not granting building permission for construction of residential houses in favour of the Petitioners herein on the ground that the plots of the Petitioners may fall in the submergence of Full Tank Level of Peddacheruvu Tank/Ramantapur Tank, as illegal, arbitrary and consequently direct the Respondents to grant building permissions in favour of the petitioners herein in respect of Plot no.65, 63 and 64 in survey No.66 and 67, admeasuring 150 Sq.yds, or 125.4 Sq.Mts., each, situated at Block No.6, Indiranagar, Ramantapur Village, uppal Mandal, Hyderabad, in accordance with law, without holding that the said plots may fall in the submergence areas of Full Tank Level of Peddacheruvu Tank/Ramantapur Tank and pass Counsel for the Petitioner:MR.CHANNA RAMASEKHARA RAO Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 15491 OF 2008 ORDER: 1. The petitioners filed the writ petition assailing the inaction of the respondents on the applications filed by them for construction of houses in plots bearing Nos. 65, 63 and 64 in Survey Nos. 66 and 67, admeasuring 150 square yards, situated at Block No.6, at Indiranagar, Ramanthapur village, Uppal Mandal, Hyderabad District. 2. The petitioners are owners of house plots comprising Survey Nos.63,64,66 & 67of Ramanthapuram village. They submitted building plans to the 1st Respondent Municipality and paid sub- division/consolidation charges, and lay out charges. The respondents did not consider the applications submitted by the petitioners on the premise that land in Survey No. 65, 63 and 64 of Ramanthapur village is falling in the submergible area of Full Tank Level of Chervu Tank. Number of affected persons have approached this Court for appropriate directions and one such case i.e. W.P.No.21791 of 2006 came to be allowed on 10- 6-2008. Thereupon the 1st Respondent Municipality granted construction permission to them. Thereafter, some of the plot owners approached the High Court and obtained similar orders. Therefore, the petitioners also deserve similar order. 3. Learned counsel for the petitioners submits that the issue involved in the present writ petition is squarely covered by the judgment of this Court in W.P.No. 21791 of 2006, dated 10-06-2008. (Thirumala Pragada Kishan Rao and others Vs. Uppal Municipality, rep. By its Commissioner, Uppal). This factual aspect is not controverted by the learned standing counsel appearing for the respondents No.1 and 2. 4. Such is the situation, the writ petition is disposed of directing the respondent No.1- Uppal Municipality to act in accordance with A.P. Municipalities Act and Building Rules and Regulations and Master Plan etc., of Urban Development Authorities and if all the requirements are satisfied, not to reject the same merely on the basis that it falls within the full tank level of Pedda Cheruvu and consider the same subject to their undertaking that they are proceeding with the construction at their own risk and would not claim compensation for the building, or for the other eventualities in case of risk or acquisition for preserving the land for full tank level. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 18th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 15491 OF 2008 18th July, 2008.