Court Upholds GHMC Action Against Jubilee Hills Builder for Violations
A Vigilance and Enforcement wing’s inquiry, in its report in June 2024, had confirmed that the builder had indulged in several violations. The court, citing the V&E report, called for the removal of all deviations.
Hyderabad: The ongoing construction of a large commercial complex along Road No. 45 in Jubilee Hills, being constructed by builder Net Net Ventures Pvt. Ltd, was again found to be in serious violations, with the Small Causes Court this time upholding previous GHMC orders on the rule breaks.
The GHMC, had on January 1 this year, ordered the company and the construction firm to remove all deviations and immediately stop construction, following which the builder had approached the court with a challenge to the orders.
In his orders in the case heard on July 4, the Chief Judge of the Small Causes Court told the company held by G. Amarender Reddy of GAR Corporation that the court did not find any merit in the petition alleging irregularities and illegality of the GHMC’s speaking orders. The Judge made it clear that the builder was not entitled to suspension of the GHMC orders, and that there was no cause to restrain the corporation from issuing orders to the builder to remove all structures listed as violations.
The complex, that was expected to house star hotels, shopping malls, and other commercial spaces once completed, was in the eye of a storm related to building permissions, violations, and collusion by some GHMC officials with the builder to allow changes to the original building plans after the Nandagiri Cooperative Housing Society Ltd first raised these issues early last year and sought judicial remedy.
The issues raised by the society included how the builder purchased two plots – one from the Jubilee Hills Housing Cooperative Society and another that was a HMDA plot – and used the rules applicable to the HMDA plot abutting the road for the construction on the merged plot violating all norms and rules.
A Vigilance and Enforcement wing’s inquiry, in its report in June 2024, had confirmed that the builder had indulged in several violations. The court, citing the V&E report, called for the removal of all deviations.
The court observed that though the builder stated that all deviations were removed, and construction would proceed as per the revised sanction plan, photographs filed by the GHMC revealed that the builder had not removed the deviations and had raised the building in total deviation of the sanctioned plan and permit.
The court, dismissing the petition, said: The “approach of the petitioner (builder) is totally blameworthy” and that he “does not want to do equity before seeking equity and approached this court with unclean hands. Thus, the court declines to interfere with the impugned speaking order dt. 24.01.2025 passed by the GHMC. Therefore, the builder is not entitled for suspension of the speaking order and consequently there is no prima facie case made out by the builder to restrain the GHMC with the construction activity.”
The V&E in its report, found that some GHMC officials were responsible for giving illegal permissions to the builder by approving revised plans illegally, and had called for action against them. The investigating agency recommended removal of all deviations at the site following due process, which in effect would have meant demolition of the complex being built by Net Net Ventures Private Limited.
What the court said
Builder has not maintained setbacks as insisted by the GHMC.
Under the grab of parking floors, builder wants to get extra built-up area, which is not permissible.
Builder claims deviations removed but not filed any proof for the same.
GHMC photographs show violations remain in place.
Builder cannot blow hot and cold by saying that the GHMC has not considered their explanation in a proper manner.
Vigilance report dated 8.6.2024 has to be taken cognisance of.
What the Vigilance report said
Register a criminal case under criminal conspiracy by Net Net Ventures for:
Wrongful inclusion of HMDA land into Jubilee Hills Cooperative Housing Society to get height relaxation.
Transfer of society plot purchased by G. Amarender Reddy to Net Net Ventures.
Obtaining revised permissions by showing old environmental clearance despite changes in the scope of the building.
Receiving multiple revised permissions in contravention of GHMC rules by colluding with some officials.
Take action against GHMC officials S. Devender Reddy, director of town and country planning and then chief city planner; M. Rajendra Prasad Naik, chief city planner; M. Shailaja, deputy chief city planner; and K. Srinivasa Rao, deputy chief city planner.
