Telangana HC asks GHMC to decide on illegal constructions near Durgam Cheruvu

The direction came in a writ petition filed by the Amar Society Plot Owners’ Welfare Association, which challenged the unauthorized occupation of 1,334 square yards of land within Survey No. 47 of Guttala Begumpet village, Serilingampally Mandal.

By Legal Correspondent

Hyderabad: Justice K. Lakshman of the Telangana High Court has directed the Greater Hyderabad Municipal Corporation (GHMC) to take a final decision on representations made by Amar Cooperative Housing Society regarding alleged illegal constructions on land earmarked for public amenities near Durgam Cheruvu.

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The direction came in a writ petition filed by the Amar Society Plot Owners’ Welfare Association, which challenged the unauthorized occupation of 1,334 square yards of land within Survey No. 47 of Guttala Begumpet village, Serilingampally Mandal. The petitioner association contended that the disputed land was shown as an “amenities area” in the approved layout and could not be converted into private plots.

Senior Counsel P. Roy Reddy, appearing for the petitioners, submitted that the land had been wrongly regularised as residential plots through misrepresentation and that constructions were carried out without permission. He also alleged that the individuals concerned were now claiming Transferable Development Rights (TDR) from GHMC for having offered the land for public use.

GHMC, represented by Standing Counsel G. Madhusudhan Reddy, confirmed that the land falls within the Full Tank Level (FTL) boundary of Durgam Cheruvu and admitted that construction had taken place without the requisite permissions. It was stated that notices had been issued and the illegal compound wall was demolished following the expiry of a civil court status quo order.

Counsel Sreenivasa Rao Velivela, appearing for the private respondents, argued that the plots were lawfully acquired and regularised under Urban Land Ceiling proceedings, and that the society had already provided adequate open space elsewhere. Justice Lakshman observed that the nature of the land, whether public amenity or private property, required factual determination and could not be conclusively decided in a writ petition. He noted the existence of a gift deed by the housing society in favour of Serilingampally Municipality and referred to a five-member committee report from 2018 concerning the FTL boundary of Durgam Cheruvu.

Disposing of the petition, the Court directed GHMC to take a reasoned decision on the petitioners’ representations dated January 11, 2018 and June 14, 2018, after hearing all stakeholders. GHMC was also asked to consider the committee’s findings and the provisions of the Telangana Urban Areas Development Act, 1975. The entire process is to be completed within eight weeks.