Dasari Eswara Rao vs The State Of Ap
2023 Latest Caselaw 2205 AP

     THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

            WRIT PETITION NO. 8979 OF 2023

JUDGMENT:-

1)    Heard Sri. P. Srinivasulu, learned counsel for the

Petitioner and Sri. K. Madhava Reddy, learned Standing

Counsel for Respondent Nos. 2 to 5. Notice has been

accepted by Assistant Government Pleader for Municipal

Administration for the Respondent No. 1.

2) Learned Counsel for the Petitioner submits that the

Petitioner after obtaining building permission started

raising construction. The Petitioner received a notice, dated

27.01.2023, under Sections 452(1) and 461(1) of A.P.

Municipal Corporation Act, 1955, read with other

provisions of the statue, giving the details of the alleged

unauthorized construction directing the Petitioner to show

sufficient cause as to why such unauthorized construction

should not be removed / altered or pulled down. The

Petitioner was also directed to stop further construction

forthwith. He submits that the said notice though is dated

27.01.2023, but was sent to the Petitioner vide speed post

dated 06.02.2023 and was received by the Petitioner on

07.02.2023. The Respondent authorities without waiting

for the Petitioner's reply, for which the Petitioner had a

weeks' time under the said notice from the date of its

receipt, on 08.02.2023 dismantled the three [03] columns

out of four [04] columns, which were constructed for the

purpose of water tank.

3) Sri. K. Madhava Reddy, on the basis of written

instructions submits that as per G.O.Ms. No. 119 table 3,

upto site area 100-200 sq. mts., the permissible height

shall be upto 10m only and as the height of the building is

beyond the permissible limit to avoid additional

unauthorized construction, the 3rd and 4th Respondents

instructed the Petitioner not to make any further

constructions and the Town Planning staff "simply battered

the columns and not demolished".

4) Having considered the aforesaid submissions, what is

evident is that by the provisional order / notice, dated

27.01.2023, the Petitioner was directed to stop further

construction and was also granted seven [07] days time

from the date of receipt of that notice to submit the

explanation / show the sufficient cause against the

proposed action. The said notice was issued on 06.02.2023

and was served on 07.02.2023. In view thereof, the

Petitioner ought to have stopped the construction work.

Since, the period for filing the reply had not expired on

08.02.2023, the staff of the Respondent Nos. 3 and 4 ought

not to have battered the columns. However, it appears that

to give effect to the impugned show-cause notice /

provisional order to stop the construction work, the said

act was done by the Town Planning staff.

5) The proceedings pursuant to the notice, dated

27.01.2023, are pending, as has been submitted by the

learned Standing Counsel. Consequently, the Writ Petition

is being disposed of with direction to the Petitioner to

submit the reply to the notice, dated 27.01.2023, within a

period of ten [10] days from the date of receipt of the copy

of this order to the Zonal Commissioner, G.V.M.C., the 2nd

Respondent, who shall on consideration of the Petitioner's

explanation and providing opportunity of hearing, pass

appropriate orders in accordance with law within a period

of four [04] weeks from the receipt of the Petitioner's reply.

6) The Respondent authorities shall not take any

coercive steps pursuant to the impugned notice till passing

of the final orders by the 2nd Respondent Corporation.

7) The Petitioner shall immediately stop raising any

further construction and shall abide by the provisional

order / notice, dated 27.01.2023.

8) If the Petitioner does not serve copy of this Order with

reply to the 2nd Respondent, as aforesaid, it shall be open

for the 2nd Respondent to proceed further in accordance

with law.

9) With the above directions, the Writ Petition stands

disposed off.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

________________________ RAVI NATH TILHARI, J Date: 21.04.2023.

Note:

Issued C.C. by 24.04.2023 SM/DSV

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION NO. 8979 OF 2023

Date: 21.04.2023

SM/DSV