Telangana High Court Directs Disposal of Pending Multiplex NOC Application — Sensation Viietha Infra Developers Vs State of Telangana
Case Background
Court: Telangana High Court
Case: Sensation Viietha Infra Developers Vs State of Telangana
Subject Matter: Writ petition challenging prolonged inaction by the Commissioner of Police, Rachakonda, in failing to decide an application for grant of No Objection Certificate (NOC) for construction of a multiplex theatre and shopping mall
Key Facts of the Case
A registered partnership firm — comprising two partners, namely M/s. Sensation Infracon Private Limited and M/s. Vijetha Infra Projects — filed a writ petition before the Telangana High Court seeking relief against the continued non-disposal of its NOC application dated 25 August 2022. The application had been submitted under Rule 8 of the Telangana Cinemas (Regulation) Rules, 1970 for the proposed construction of a multiplex theatre and shopping mall on survey numbers 36/1/1, 36/1/2, 37, 37/1/1/1, 37/1/2, 38/1/1/1 and 38/1/2, admeasuring 8903.01 sq. meters, situated at Narapally Village, Ghatkesar Mandal, Medchal-Malkajgiri District.
Development Agreements and GPA
The assessee-firm had entered into two registered development agreements-cum-General Power of Attorney (GPA) with the landowners:
- Document No. 7375 of 2019 dated 12.07.2019 — covering land admeasuring Ac.1.00 in Sy. Nos. 38/1/2, 38/1/1/1, 37/1/2 and 37/1/1/1
- Document No. 9822 of 2019 dated 11.09.2019 — covering land admeasuring Ac.1.08 guntas in Sy. Nos. 36/1/2, 38/1/1, 36/1/1 and 36/1/1
Under the terms of both agreements, the development rights were shared between the assessee-firm and the landowners in a 60:40 ratio. The assessee, acting in its capacity as GPA holder under these registered instruments, filed the NOC application before the Commissioner of Police, Rachakonda, which was subsequently forwarded to concerned authorities on 12 September 2022 for their respective reports.
Despite this forwarding, the application remained in limbo. When the assessee's representatives approached the authorities informally to ascertain the status of the application, they were orally directed to first obtain a separate NOC from the landowners — a requirement the assessee firmly contested.
Arguments Raised by the Parties
Contentions of the Assessee (Petitioner-Firm)
The assessee's counsel advanced the following submissions before the Court: