Title disputes no bar to building permissions: Telangana HC

In response, the GHMC and private respondents (Nos. 5 to 16) argued that the Corporation had indeed granted valid building permissions after being satisfied with the prima facie title and possession of the applicants. The respondents contended that the petitioners were attempting to stall development by raising long-standing title disputes that were already being litigated in civil courts.

‘A settled principle of law’

Justice Alishetty observed that the original suit for partition filed in 2008 by the children of the original owner of the land was dismissed by a trial court in September 2022, and an appeal against the judgment is pending adjudication before the Telangana High Court. The high court also noted that third-party rights had already been created in 2000, and the subsequent buyers (respondents nos. 5 to 16) constructed houses after obtaining necessary permissions from the GHMC and are in possession of their respective houses.

Taking note of the registered sale deeds and building permissions obtained by them, the court held that the contention that third parties have encroached upon the property and constructed houses without valid permissions is untenable. “The petitioners cannot seek direction to the respondents Corporation not to grant permissions to third parties in respect of subject property by submitting representations, without establishing their title and possession over the subject property,” the court observed.

Further, relying on established legal precedents, the court noted that it was a settled principle of law that the GHMC commissioner, while granting permission for construction, has to only consider the prima facie title and possession of the applicant in respect of the property for which permission for construction has been sought for and the commissioner cannot go into the disputed question of title of the property and adjudicate the same.

The court observed in its order, “This Court while exercising the writ jurisdiction under Article 226 of Constitution of India cannot go into disputed questions of facts and title disputes and also cannot sit in appeal over the decision of an administrative authority, i.e., Commissioner in granting permission.”

Finding the petition “devoid of any merit”, the high court dismissed the case, thereby upholding the building permissions granted by the GHMC.