While allowing the petition by a City-based advocate V H Ron and three others, Justice Ram Mohan Reddy quashed the Government order dated April 19, 2010 and BDA recommendation dated February 5, 2010 allowing Mahishis to change the use of residential property. The Court observed “BDA, being a planning authority has not applied its mind, while recommending the change in land use.”
The Court said BDA had not given specific reasons for permitting the change in land use. “The permission is contrary to the Section 14 A of Town and Country Planning Act,” Justice Reddy observed.
The court remitting back the matter to BDA has also directed it to reconsider the matter from the stage of paper publication and pass necessary orders.
The Court has also directed Mahishi to file an affidavit before the court regarding the extent of land being used for commercial purpose.
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