HMDA cannot alter its previous layout plan for auction, says High Court
Deccan Chronicle.| Vujjini Vamshidhar
In 1986, the Huda earmarked spaces for public amenities. Subsequently, Huda revised the layout and sold a few plots based on the plan
HC observed that the HMDA may not be able to restrict the use of land by purchasers and that it cannot stipulate the condition that the purchaser can only make constructions catering to a particular need in the layout. (DC)
Hyderabad: The Telangana High Court, dealing with a petition challenging an HMDA notification for e-auction of plots in 2018, said that the authority cannot alter the approved layout plan earmarked for public amenities without the government’s approval.
The court directed the authorities to constitute a committee comprising GHMC officials, representatives of the petitioner and revenue authorities within 30 days. The committee will examine whether open areas, besides plots put up for auction, will constitute 10 per cent of the layout. In such a case, the HMDA will be at liberty to seek land-use change and proceed with the auction, as per norms.
Justice P. Madhavi Devi found fault with the Hyderabad metropolitan development authority’s attempt to sell parts of land in Miyapur residential complex that are earmarked as open areas and amenities in the approved master plan for survey Nos. 159, 28/1 and 20 in Mayur Nagar of Miyapur in Serilingampally mandal, Ranga Reddy District.
In 1986, the Huda [Hyderabad urban development authority] earmarked spaces for public amenities, such as parks, health centres, community halls, bus shelters, post offices, police stations, etc. Subsequently, Huda revised the layout and sold a few plots based on the plan.
After being reshaped as HMDA, the authority issued a notification for an e-auction-cum-e-tender for plots earmarked for amenities.
The petitioner in the case contended that the authority was flouting its plan, by alienating properties by selling them to private parties. The petitioner, seeking that the notification be set aside, cited G.O. Ms No.391, MA and UD department, dated 23 June 1980, under which Rule 4-B necessitates reservation of 10 per cent of a residential area layout for recreational spaces.
The court observed that the HMDA may not be able to restrict the use of land by purchasers and that it cannot stipulate the condition that the purchaser can only make constructions catering to a particular need in the layout.