Sensation Viietha Infra Developers Vs State of Telangana (Telangana High Court)
The Telangana High Court adjudicated a writ petition challenging the inaction of the Commissioner of Police, Rachakonda, in not disposing of an application dated 25 August 2022 for grant of a No Objection Certificate (NOC) for construction of a multiplex theatre and shopping mall in Narapally Village, Medchal-Malkajgiri District. The petitioner, a partnership firm, had entered into development agreements-cum-General Power of Attorney (GPA) with landowners through registered documents executed in July and September 2019, granting development rights with a sharing ratio of 60:40.
The petitioner submitted that, as a GPA holder with irrevocable rights under valid development agreements, it was entitled to apply for NOC without requiring separate consent from the landowners. It argued that any disputes with landowners or third parties must be resolved before a civil court or arbitrator and cannot justify indefinite withholding of its application. It was also contended that under the applicable rules, the application ought to have been decided within 45 days, and failure to do so could attract deemed permission, though the petitioner preferred formal approval due to the scale of the project.
The landowners contended that the petitioner had violated the terms of the agreements and that steps had been taken to cancel them, including issuance of a legal notice. Another respondent claimed independent rights and raised concerns about adverse impact on his interests. The State authorities argued that the petitioner was not in lawful possession of the property due to alleged cancellation of agreements and dissolution of the partnership firm.
