A writ petition challenging inaction regarding construction in contravention of sanctioned plan and encroachment. Court directed Municipality to ensure strict compliance and removal of encroachment.
Direction to Municipality to ensure strict compliance with sanctioned plan and removal of encroachment in time-bound manner.
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HONOURABLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No.12618 of 2017
ORDER:
It is the case of the petitioner that despite her complaint to respondent No.2, with respect to construction being made by respondent No.3 in contravention of sanctioned plan and encroachment of public road, no action has been taken. Hence the Writ Petition.
Learned counsel for the petitioner submits that, pursuant to the complaint made by the petitioner, respondent No.2 – Municipality had, in fact, issued notice dated 30.03.2017 invoking Section 217 of the Andhra Pradesh Municipalities Act (for short ‘the Act’); and, thereafter, no action has been taken to prevent construction being made by respondent No.3.
Sri N.Praveen Kumar, learned Standing Counsel for respondent No.2 – Municipality, submits that, notice has since been issued to respondent No.3 on 30.03.2017, respondents No.2 would follow the procedure prescribed under the Act, and would take action in accordance with law.
Considering the respective submissions and, as respondent No.2 – Municipality had already initiated action, respondent No.2 – Municipality shall ensure that the construction made by respondent No.3 is in strict compliance of sanctioned plan and, further, ensure that, if any encroachment is made by respondent No.3 on the public
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road, they be removed, in accordance with law, in a time bound manner.
With the above observations, the Writ Petition stands disposed of.
Miscellaneous petitions pending, if any, shall also stand disposed of. However, in the circumstances, without costs.
___________________________ CHALLA KODANDA RAM,J
Date:10.04.2017 Usd
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1 issue framed by the court
Whether a direction to the Municipality to ensure compliance with sanct ioned plan and removal of encroachment in time bound manner is appropriate.
2 provisions across 1 enactments
Petitioner
Municipality
Respondent No.3
CHALLA KODANDA RAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
