Smt.G.Surya Bhaskaram v. The Ongole Municipal Corporation

HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO

WRIT PETITION No.32605 of 2012

ORDER :

The petitioner states that she is the absolute owner and possessor of property bearing D.No.3-2(23) in an extent of 1008 sq. yards situated in Sy.No.175, Ongole, Prakasam District, having purchased the same under four registered sale deeds. She applied for building permission for construction of commercial complex for cellar, G+3 in the said property. She gifted an extent of 88.33 sq. yards by way of gift deed bearing Doc.No.2642/1996 dated 10.06.1996 in favour of the Ongole Municipal Corporation (first respondent) for the purpose of laying road. In spite of executing gift deed in favour of the first respondent, when building permission was not granted, she went ahead with construction under deemed provision and completed construction. When criminal case was booked for unauthorized construction, she paid penalty before the Judicial Magistrate of First Class, Ongole. When the Government of Andhra Pradesh announced regularization scheme, she applied under the said scheme but no further orders have been passed regularizing the unauthorized constructions. When notice was served on 25.09.2012 intending to widen the existing 70 feet road to 100 feet as per the master plan, the present Writ Petition was filed on the ground that respondents are laying road beyond the area of 88.33 sq. yards already gifted.

2

This Court, by order dated 16.10.2012, directed the respondents not to interfere with the property of the petitioner bearing D.No.3-2(23) in Sy.No.175, Ongole, Prakasam District, for purposes of any road widening beyond the extent of 88.33 sq. yards already gifted by her under a registered gift deed, dated 10.06.1996 except otherwise than under due process of law until further orders.