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Hyderabad: The Telangana High Court has rejected two appeals filed by the Greater Hyderabad Municipal Corporation (GHMC) against an earlier order that restored Layout Regularisation Scheme (LRS) permissions for two plots.

The division bench of Justice Moushumi Bhattacharya and Justice Renuka Yara refused to accept the GHMC’s requests to excuse delays of 820 days and 794 days in filing the appeals.

The court also found little initial basis for GHMC’s claim that the plot owners’ vendor had committed fraud by concealing the reduction in open space.

GHMC had already regularised the plots

The dispute relates to Plot nos 22/A and 19/A, connected to Siri Constructions and Darshinee Infra Projects.

GHMC had issued notices on July 23, 2018, revoking the LRS permissions for the two plots. The developers challenged the notices before the Telangana High Court.

A single judge bench, through a common order dated April 25, 2022, allowed their petitions and cancelled the revocation notices.

GHMC later approached the division bench, but its appeals were filed after delays of 820 and 794 days.

Court questions GHMC’s fraud claim

The High Court noted that GHMC was aware that the plots were located in the open space of an unapproved layout when it granted the LRS permissions.

The Corporation had also collected penal and pro-rata charges for the shortfall in open space before granting LRS permissions and subsequent building permissions. The bench therefore found little prima facie basis for the allegation that the corporation had been misled about the open-space issue.

According to the court, GHMC had regularised the plots despite knowing about the shortfall.

Election duty explanation rejected

GHMC cited several reasons for the delay in filing the appeals.

The corporation said the official handling the matter, M Narsimha Ramulu, was apprehended by the Anti-Corruption Bureau on April 21, 2022, in a disproportionate assets case. Another city planner was subsequently given additional charge, while a regular city planner was appointed in August 2022.

GHMC also pointed to a change in its standing counsel in October 2022.

The corporation further said officials were occupied with the Telangana Assembly elections and later the Parliamentary elections when the matter came up again in November 2023.

The division bench did not find these explanations sufficient to cover the entire delay.

HC says GHMC had enough time to act

The court observed that even if the ACB case explained some initial delay, GHMC had a regular city planner by August 2022 and could have taken a decision on filing an appeal within a reasonable period.

The bench also said that election duties could not adequately explain why a decision was not taken. It noted that senior officials could have decided whether to challenge the single judge’s order, while standing counsel could have prepared the appeal.

The court also pointed out that the developers had approached GHMC in May 2022 and March 2023 seeking restoration of their building permissions and occupancy certificates, enclosing the single judge’s order.

This showed that GHMC had knowledge of the judgment but did not challenge it within the prescribed period.

Two GHMC appeals dismissed

The High Court ultimately rejected GHMC’s applications seeking condonation of the 820-day and 794-day delays.

As a result, both writ appeals filed by GHMC were also dismissed.

The court’s decision means GHMC could not pursue the delayed appeals against the earlier order setting aside its revocation of the LRS permissions for the two plots.