Interim Order No. 27 Of 2025

BEFORE TELANGANA REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
I.A. No.27/2025
in
Complaint no. 96 of 2025
7th April 2025
Corum:

Dr. N. Satyanarayana, IAS (Retd.), Hon’ble Chairperson
Sri K. Srinivasa Rao, Hon’ble Member
Sri Laxmi Narayana Jannu, Hon’ble Member

BETWEEN
M/s. Aparna Constructions and Estates Private Limited,
(Registered office at #802, Astral Heights, D. No. 6-3-352/2&3, Road No. 1, Banjara Hills, Hyderabad-500034.)

…Complainant
Versus
1. Guthula Bhavani
(W/o. Sri. Guthula Sriram, Aged about 33 years, Occ: Housewife, R/o. Flat No. 205, Block - K, Aparna
Serenity, Sy. No. 25/1, Petbasheerabad Village, Quthbullapur Mandal, Medchal-Malkajgiri, District – 500100)

2. Guthula Sri Ram
(S/o. Balaram Murthy, Aged about 46 years, Occ: Business, R/o. Flat No. 205, Block - K, Aparna Serenity, Sy. No.
25/1, Petbasheerabad Village, Quthbullapur Mandal,Medchal-Malkajgiri District – 500100)

…Respondent(s)
The present Interim application filed by the Complainant herein came up for hearing on
03.04.2025 before this Authority in the presence of Counsel for Complainant, M.V. Durga
Prasad, B. Venkateswar Rao, Syed Adil Ahmad Quadri and Counsel for Respondents, Sri
Yogesh Gir and R. Ranjeetha and upon hearing arguments on both sides, this Authority passes
the following INTERIM ORDER:
3.

The Complainant filed the present Interim Application under Section 36 of the Real Estate

(Regulation & Development) Act, 2016 (hereinafter referred to as the “Act, 2016”) seeking
Interim Directions from the Authority to maintain the status-quo.
4.

During the course of hearing, the Complainant submitted that Respondent No. 1 & 2 has

entered into a registered Development Agreement cum General Power of Attorney bearing
Document as No. 11933/2019, dated on 02.05.2019, for land admeasuring 27 acres and 39.6
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guntas in Survey No. 25/1, Petbasheerabad Village, Medchal-Malkajgiri District. The
Complainant applied to the GHMC for permission to construct high-rise residential apartments,
which was granted under File No. 1/C25/22775/2019 and Permit No. 1/C25/09351/2020 dated
on 02.09.2020. A RERA registration certificate was obtained on December 17, 2020, under the
name "Aparna Serenity." The project received its Occupancy Certificate from the GHMC dated
on 01.12.2023, documented as Proceeding No. 4567/GHMC/KPL/2023-OC.
5.

The Respondents purchased Flat No. 205 from the Complainant under a registered Sale

Deed and Construction Agreement, both dated October 31, 2023. The keys to the apartment were
handed over on November 23, 2023. The Respondents are bound by the terms of these
agreements and a Development Agreement cum General Power of Attorney dated May 2, 2019,
along with the GHMC's permission for high-rise residential construction. According to Clause
15.1 of the Agreement of Sale, the Respondents must not make alterations or additions to the
property and must keep the walls and partitions in good condition. Any changes to the building
require prior permission from the Commissioner per Section 433 of the GHMC Act, which
prohibits alterations that involve removing or re-erecting any external or supporting walls.
6.

The Complainant also submitted that as per the provisions of the RE(R&D) Act, Clause 12

of the Agreement of Sale states that the Complainants are liable for structural defect of the
building for a period of 5 years from the date of completion of the project. If the respondents or
any flat owners continue with the alterations/modifications which may weaken the structure,
there is every possibility it will cause damage to the structure and the same may effect the
structural safety of the building and also endangers the residents living therein. In fact the other
flat owners are objecting for the alterations carried out by the respondents. Additionally, while
the Complainant's employees raised valid concerns and filed a complaint with the
Petbasheerabad police station, it went unregistered. Instead, a false case was filed against them
based on misleading claims from the respondents.
7.

The Respondents, despite having been granted two opportunities by this Authority to file

their reply or make submissions in response to the allegations made by the Complainant, failed to
submit a counter. Instead, they sought further adjournments and submitted that an undertaking
may be furnished by them before this Authority, stating that no further altercations would be
initiated by the Respondents until the next date of hearing.
8.

This Authority has perused the material on record and the contentions raised by the
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complainant thereto. Having perused the documents placed on record, this Authority is of the
view that prima facie there exists a apprehension regarding the structural safety of the building
owing to the alleged alterations being carried out by the Respondents and finds that the
arguments presented by complainant holds merit. The balance of convenience favors the
Complainant, as their safety and well-being are at risk. Granting the interim relief sought would
not cause any undue hardship to the Respondents.
9. Given the nature of the complaint and in the interest of preventing any further deterioration to
the building structure or potential risk to its occupants, it is just and necessary to maintain the
status quo till the final disposal of the present matter.
10.

The Respondents are specifically restrained from making any further alterations or

structural modifications in violation of the sanctioned plan and the governing agreements. This
authority hereby directs the Respondent to maintain status quo with respect to Flat No. 205 until
the final disposal of the present complaint. Any action in breach of these directions shall be
viewed seriously and will attract appropriate legal consequences under the provisions of the Real
Estate (Regulation and Development) Act, 2016.
11.
12.

Accordingly, in view of the above directions, I.A. No.27/2025 is allowed.
Posted this matter for the next hearing on 25.04.2025.

Sd/Sri. K. Srinivasa Rao,
Hon’ble Member
TG RERA

Sd/Sri. Laxmi NaryanaJannu,
Hon’ble Member
TG RERA

Sd/Dr. N. Satyanarayana, IAS (Retd.),
Hon’ble Chairperson
TG RERA

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