Disposed

Kolla Venkata Naga Prasad. v. State of Andhra Pradesh.

Andhra Pradesh HC5 Nov 2021WP/18320/2021

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition challenging a demolition notice because the petitioner's representation was pending. The court directed the Commissioner to verify the representation and the petitioner's submission of a government order, ensuring action is taken strictly according to the law.

What did the court decide?

Direction to verify petitioners representation and ensure action taken in accordance with law including submission of G.O.Ms.No.423.

Kolla Venkata Naga Prasad. Vs State of… — Municipal and Town Planning | Andhra Pradesh HC (2021)

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THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No. 18320 OF 2021

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ORDER:

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Heard Sri N.Srihari, learned counsel for the petitioner and Sri M.Manohar Reddy, learned Standing Counsel for the second respondent Municipal Corporation.

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Notice bearing No.4/2020/TPS-8, dated 22.08.2021, issued by the Commissioner, Guntur Municipal Corporationsecond respondent, is under challenge in the present Writ Petition. Petitioner herein claims to be the absolute owner, possessor and enjoyer of the house property, admeasuring 18.6/9 Sq. Yards, situated in 4/12^th Line, Brodipet, Guntur City, within the limits of 2^nd respondent and according to him, he acquired the said property by way of a registered sale deed, vide document No.2352/2009, dated 20.04.2009. It is further stated that the petitioner herein raised RCC building in the year 2018 in the said premises and the Corporation Authorities also assigned D.No.29-54/1 to the said house and according to the petitioner, he has been paying the property tax without any default. The 2^nd respondent herein issued the impugned order under Sections 452(2) and 461(2) of the Andhra Pradesh Municipal Corporations Act, 1955, and Section 89(3) of the Andhra Pradesh Metropolitan Region & Urban Development Authorities Act, 2016, instructing the petitioner herein to bring down the subject constructions, while indicating that the petitioner herein failed to respond to the provisional order,

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dated 26.02.2020, issued under Section 452(1) and 461(1) of the Andhra Pradesh Municipal Corporations Act, 1955 and Section 89(1) and (2) of the Andhra Pradesh Metropolitan Region & Urban Development Authority Act, 2016.

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According to the petitioner, after the said notice issued by the 2^nd respondent, he submitted an elaborate reply, dated 23.08.2021, stating that at the time of raising construction in the year 2018, he approached the respondent-Municipal Corporation Authorities for building permission and the Municipal Corporation Authorities informed the petitioner that, since the said land is only 20 Sq. Yards, building permission would not be required and under the said impression, the petitioner herein raised the construction and also requested to regularise under BPS Scheme.

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It is further brought to the notice of this Court by the learned counsel for the petitioner that the State Government issued an order vide G.O.Ms.No.423 M.A, dated 31.07.1998, with regard to rationalisation of floor area ratio and other standards of building requirements. A Copy of the said G.O.Ms.No.423 M.A, dated 31.07.1998, is placed on record by the learned counsel for the petitioner along with the Writ Petition as a material paper. While referring to Clause-1.1 (a) of the said governmental order, it is stated by the learned counsel for the petitioner that no prior sanction of building application is necessary for the construction of individual residential

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buildings in plots upto 100 Sq.mts and height upto 10 metres subject to certain conditions stipulated therein.

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Having regard to the reasons assigned by the petitioner herein in the representation, dated 23.08.2021, which he submitted after the impugned notice and as the same is pending consideration before the 2^nd respondent-Municipal Corporation Authorities and having regard to the nature of controversy, this Court deems it appropriate to dispose of the Writ Petition with a direction to the 2^nd respondent - Municipal Commissioner to verify the representation, dated 23.08.2021, submitted by the petitioner herein in response to the notice, dated 22.08.2021, and pass appropriate orders/take appropriate action strictly in accordance with law, as expeditiously as possible. Till then interim order granted by this Court on 25.08.2021 shall continue. Petitioner herein is also entitled to place before the Commissioner-2^nd respondent, the copy of the governmental order issued vide G.O.Ms.No.423 and M.A, dated 31.07.1998, before proceeding further in accordance with Section 636 of the Act.

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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition.

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Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

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_____________ A.V.SESHA SAI, J

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05.11.2021 Vns/Scs

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THE HON'BLE SRI JUSTICE A.V.SESHA SAI

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WRIT PETITION No. 18320 OF 2021

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05.11.2021

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Vns/Scs

Kolla Venkata Naga Prasad. v. State of Andhra Pradesh.

Case brief

What is this about?

What did the court decide?

Kolla Venkata Naga Prasad. v. State of Andhra Pradesh.

Case brief

What is this about?

What did the court decide?

What the court decided

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