HON’BLE SRI JUSTICE K.

LAKSHMAN

WRIT PETITION Nos. 31138 OF 2024, 4851 OF 2021

AND
26005 OF 2023
COMMON ORDER:

Heard Sri Y.Srinivasa Murthy, learned Senior Counsel,

representing Smt. Uma Devi Nama, learned counsel for the

petitioners, Sri Laxmaiah Kanchani, learned standing counsel

appearing for Manikonda Municipality, Sri V.Narasimha Goud,

learned standing counsel appearing for HMDA and Sri M. Prateek

Reddy and Sri Kadiyala Ravichandra Mohan, learned counsel

appearing for respondent No.4.

2. Since the parties are common and the lis involved in these

writ petitions and subject property is one and the same, these three

writ petitions are being heard together and disposed of by way of

common order:

3. Vide G.O.Ms.No.658 dated 04.07.1994, erstwhile

Government of Andhra Pradesh, has allotted land to an extent of

Ac.67.18 guntas in Sy.No.246/1 situated at Manikonda Jagir Village,

Rajendra Nagar Mandal, Ranga Reddy District presently within

Manikonda Municipality (hereinafter referred to as ‘subject property’)

 2
KL,J
WP No.31138 of 2024 & batch

in favour of the A.P. Cine Workers Co-operative Housing Society

Limited (hereinafter referred to as ‘the Society’) on certain conditions

specifically mentioned in the said G.O. that i) the land shall not be

sold for next ten years, ii) the land shall be used for construction of

flats, instead of allotment of individual plots. This will accommodate

more people and at the same time prevent sale of land, the

construction shall take place in the next three years, iii) 50% of the

plots shall be allotted to workers and technicians, who are staying

outside the State. The Government has appointed 5 men committee

out of which two may be from the Film Industry and three Members

from the Government consisting of Commissioner, Information and

Public Relations, Registrar of Co-operative Societies and Collector,

Ranga Reddy District. The said Committee shall made the said

allotments.

4. Thereafter, the Society has submitted an application dated

09.02.2009 with HMDA seeking permission. Vide letter dated

16.03.2009, HMDA has accorded approval for the same with certain

conditions and informed the then Manikonda Jagir Grampanchayat,

stating that it shall ensure that the open plots shall be developed by the

applicant as per the sanctioned plan etc.

 3
KL,J
WP No.31138 of 2024 & batch

5. Thus, permission for construction of 225 flats was granted.

There are disputes among the Members of the said Society. There is

also an allegation against the petitioners and the Members of the

Society that they are making additional constructions. Therefore, the

1st petitioner/Chitrapuri Hills Row House Owners Welfare Association

and 5 others (hereinafter referred to as ‘Association’) filed

W.P.No.4851 of 2021 to declare the action of the HMDA and

Manikonda Municipality in not taking action against the illegal

constructions being undertaken by respondent Nos.4 and 5 therein by

constructing four extra row houses in between Unit Nos.22-23, 26-27

in the area earmarked for internal road and two extra row houses by

encroaching the TOT LOT area Nos.18 and 19 beside Unit Nos.75

and 113 earmarked for children play areas, parks, community halls,

temple, clubhouse in the subject property.

6. Vide order dated 19.03.2021, this Court directed Manikonda

Municipality to inspect the subject land, and if the allegations made by

the said Association that the buildings are being constructed by

unofficial respondents (R.4 and 5 therein) in common area, which was

earlier earmarked for road, TOT LOT etc., are found to be true, he
 4
KL,J
WP No.31138 of 2024 & batch

shall immediately stop the construction or seize the premises in

question.

7. Sri Maddineni Ramesh Babu, claiming to be the Member of

the Society and 1st petitioner Association filed W.P.No.26605 of 2023

to consider the representation submitted by him requesting HMDA

and Manikonda Municipality to accord permission complaining that

the Society is approaching HMDA and Manikonda Municipality

seeking revised lay out, as illegal.

8. The said Society has filed W.P.No.23772 of 2024 to declare

the action of HYDRAA, HMDA, GHMC, Manikonda Municipality,

more particularly, Manikonda Municipality in passing order dated

23.08.2024, directing to remove/demolish the 225 row houses at

Chitrapuri Colony while the matter regarding the illegality or

otherwise of the said construction is pending consideration in

W.P.No.4581 of 2021 and W.P.No.26005 of 2023, as illegal.

9. Vide order dated 13.08.2024, this Court disposed of the said

writ petition directing to treat the impugned proceedings dated

23.08.2024 (speaking order ) as show cause notice, and to submit an

explanation within (07) days from today along with the documents,

which the petitioner intend to rely upon. On petitioner submitting the

 5
KL,J
WP No.31138 of 2024 & batch

explanation and documents as permitted to be filed by this Court, the

5th respondent-authority shall consider the same and pass an order

afresh, in accordance with law.

10. Thereafter, Manikonda Municpality has passed speaking

order dated 22.10.2024 stating that the Association has been examined

in view of the orders passed by this Court dated 13.08.2024 in

W.P.No.23772 of 2024 and directed to submit revised approval on

225 row houses within two months and it has been noticed that some

individual owners of the row houses have proceeded with additional

construction apart from the revised plan submitted before HMDA.

Therefore, Manikonda Municipality, directed the President of the

Society, to remove/demolish the additional unauthorized construction

which is exceeded to the submitted revised plan, within 15 days,

failing which, action will be taken against them as per the Telangana

Municipalities Act, 2019 (for short, ‘the Act, 2019’).

11. HMDA has filed counter in W.P.No.26005 of 2023

contending that HMDA accorded permission for multi-storeyed

building blocks, row housing and EWS/LIG in Sy.No.246/1 of

Manikonda Jagir Village to an extent ofAc.66-07 guntas belongs to

the Society.
 6
KL,J
WP No.31138 of 2024 & batch

12. The details of the said approvals are as follows:-

1st Approval;

Lr. No. 2920/GHS/CDA/PIg/HMDA/2005, dt. 16.03.2009

1. HIG Block (12 No's 720 units) with Cellar + Stilt + 12 Upper Floors,
2. MIG Block 1000sft (10 No's 1176 units) with Cellar + Stilt + 12 Upper
Floors,
3. MIG Block 750sft (2 No's-192 units) with Cellar + Stilt + 12 Upper
Floors,
4. LIG Block 450sft-1728 units (14 No's with Cellar + Stilt + 12 Upper
Floors & 4No's with Stilt + 12 Upper Floors)
5. EWS Block 250 sft (7 No's-656 units) with Stilt + 4 Upper Floors
6. Row Houses-225 units with Ground + 1 Upper Floor

2nd Approval:
Revision of EWS/LIG units
(Lr. No. 2920/GHS/CDA/PIg/HMDA/2005, dt. 24.07.2009
1. EWS Block 190.97sft (7 No's-224 units) with Stilt + 4 Upper Floors
2. LIG Block 380sft (6 No's-320 units) with Stilt + 5 Upper Floors
3. LIG Block 380sft (6 No's-384 units) with Ground + 5 Upper Floors
4. LIG Block 380sft (14 No's 948 units) with Cellar + Ground + 5 Upper
Floors
5. EWS Block 250 sft (7 No's-656 units) with Stilt + 4 Upper Floors
6. Row Houses-225 units with Ground + 1 Upper Floor

13. It is further contended that the Society has constructed six

houses, two houses were constructed in extra TOT LOT area on

corner bits and another 4 houses were constructed on 60 feet internal

road without any approval. HMDA had issued permission to 225

 7
KL,J
WP No.31138 of 2024 & batch

houses, but the Society has constructed additional 6 row houses

without any permission from HMDA. HMDA had issued a letter to

the local municipality to act upon such construction, and the local

municipality has already issued notices to the said Society and seized

the unauthorized six houses.

14. The Manikonda Municipality has filed counter in

W.P.No.31138 of 2024 contending that though permission was

accorded for construction of 225 row houses, some Members of the

Society in collusion with the Society proceeded with the additional

construction without obtaining prior permission, which is illegal. They

have also constructed six additional row houses apart from 225 row

houses. Therefore, Manikonda Municipality has already demolished

four row houses and in respect of the balance two row houses, it has

also issued notices to the occupants and it will take action against

them in accordance with law. Manikonda Municipality has also passed

speaking order dated 07.01.2025 in respect of other two row houses

directing them to remove/demolish the additional unauthorized

construction, within 15 days, failing which necessary action will be

taken in accordance with the procedure laid down under the Act,

2019. The said speaking order is placed on record.

 8
KL,J
WP No.31138 of 2024 & batch

15. The aforesaid facts would reveal that the erstwhile

Government of Andhra Pradesh has allotted the aforesaid land to the

Society, with an object to develop film industry in Hyderabad so that

the film industry including the cine workers will shift from Madras to

Hyderabad. The Government has appointed 5 Men Committee for

allotment. The Society has obtained permission from HMDA for

construction of 225 row houses. Admittedly, six row houses were

constructed in deviation to the said building permit order. Manikonda

Municipality has already demolished four row houses and in respect

of the two unauthorized row houses, it has already passed speaking

order dated 07.01.2025. Therefore, Manikonda Municipality has to

execute the said speaking order 07.01.2025 and demolish the other

two row houses strictly in accordance with the procedure laid down

under the Act, 2019.

16. The allegation with regard to increase in the built up area

from 1560 to 2250 sft, in compliance with the order dated 13.08.2024

in W.P.No.23772 of 2024, Manikonda Municipality has passed

speaking order dated 22.10.2024. Perusal of the said order would

reveal that the Manikonda Municipality has stated that some

individual owners of the Society have made additional constructions.

 9
KL,J
WP No.31138 of 2024 & batch

Therefore, Manikonda Municipality directed the President of the said

Society to remove /demolish the Additional unauthrozied construction

which is exceeded the revised plan, within 15 days. Thus, admittedly,

the said speaking order dated 22.10.2024 is without putting the

petitioner Nos.2 to 46 in W.P.No.31138 of 2024 on notice and without

affording them an opportunity. Therefore, the impugned speaking

order dated 22.10.2024 is liable to be set aside only on the said ground

since it is the violation of the principles of natural justice and the

procedure laid down under the Act, 2019.

17. At this stage, Sri Laxmaiah Kanchani, learned Standing

Counsel, on instructions, would submit that despite direction of this

Court, neither the 1st petitioner Association nor the Society has

furnished the details of the Members of the owners of the said 225

row houses. However, 2nd respondent will serve notices on the

petitioners by sending the same to the addresses mentioned by them in

the cause title of W.P.No.31138 of 2024.

W.P.No.31138 of 2024:-

18. In the light of the above discussion, this writ petition is

allowed. The impugned speaking order dated 22.10.2024 is set aside.

The matter is remanded back to Manikonda Municipality with a

 10
KL,J
WP No.31138 of 2024 & batch

direction to put the petitioners 2 to 46, HMDA, Society and all the

interested parties on notice, affording them an opportunity of hearing

and pass orders afresh. He shall consider the aforesaid aspects

including the aspect of submission of revised plan and pendency of

the same with HMDA, conditions imposed vide G.O.Ms.No.658,

dated 04.07.1994. He shall also consider the allegations made against

the Society, its Members that they are making alterations, additional

construction in deviation to the approvals granted by HMDA, that too,

during pendency of application seeking revised plan/approval etc. He

shall serve notices on the petitioners 2 to 46 on the addresses

mentioned in the cause title. He shall pass orders afresh within four

(4) weeks from the date of receipt of a copy of this order. The

petitioners in W.P.No.31138 of 2024 shall cooperate with the

Commissioner, Manikonda Municipality in completing the said

enquiry, failing which, matter will be viewed seriously. Thereafter,

subject to result of the same, he shall take action in accordance with

law.

W.P.No.4851 of 2021:-

19. As discussed supra, Manikonda Municipality has already

demolished four row houses constructed over and above the 225 row
 11
KL,J
WP No.31138 of 2024 & batch

houses and in respect of two row houses, it has already passed

speaking order dated 07.01.2025. It is going to execute the same.

20. In view of the above submission, this writ petition is

disposed of directing Manikonda Municipality to take further action

pursuant to the speaking order dated 07.01.2025 within four (4) weeks

from the date of receipt of copy of this order.

W.P.No.26005 of 2023:-

21. As discussed supra, it is the specific contention of the

HMDA that Sri Maddineni Ramesh Babu, the petitioner, is not a

Member of the aforesaid Society. Therefore, he cannot submit

representation dated 24.07.2023 and seek a direction to HMDA not to

consider the revised layout.

22. This writ petition is disposed of directing the HMDA to

consider the representation dated 24.07.2023 submitted by the

petitioner Sri Maddineni Ramesh Babu, and dispose it off in

accordance with law and communicate a copy of the said order to the

petitioner. He shall complete the said exercise within four (4) weeks

from the date of receipt of a copy of this order.

23. HMDA shall also consider and dispose of application dated

03.10.2024 submitted by the Society seeking revised plan and pass

 12
KL,J
WP No.31138 of 2024 & batch

appropriate orders strictly in accordance with law and communicate a

copy of the said order to the said Society.

24. If HMDA is not inclined to accept the request made by the

Society to revise plan/approval, it shall assign specific reasons, pass

order, communicate a copy of the said order to the Society. He shall

complete the said exercise within a period of four (4) weeks from the

date of receipt of a copy of this order.

Consequently, miscellaneous petitions pending, if any, in these

writ petitions shall stand closed.

__________________________
JUSTICE K. LAKSHMAN

Date:05.03.2025.
vvr