Penmestsa Satyanarayana Raju vs The State Of Andhra Pradesh, Rep. ...
2023 Latest Caselaw 834 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                     MAIN CASE No.W.P.No.44124 of 2016
                                   PROCEEDING SHEET

Sl.No     DATE                                                                Office
                                             ORDER

Note 13.02.2023 RRR, J

Rev.I.A.No.1 of 2022

The petitioners, who were the owners of about 12 shops situated in Swathi Enclave, Krishna College Road, Madilapalem, D.No.53-17-46, Visakhapatnam District, had sought protection of this Court against the demolition of the shops built in the stilt area of the said complex. The respondent authorities had sought to demolish the shops on the ground that the stilt area was left open for parking and should not be used for any other purpose.

This Court had rejected the said contention on the ground that the original building permission of 1992 had reserved the entire stilt area of 758 sq. mts., as parking. However, the revised building permission granted on 14.08.1993 had reduced this parking space to 502.64 sq. mts., leaving aside 256 sq. mts., of the stilt area. This Court had also taken into account the area statement in the building permission showing that the said 256 sq. mts., had left towards shops.

The applicants herein have now moved I.A.No.1 of 2022 for review of this judgment on the

ground that the proceedings of 14.08.1993 do not provide for such variation in the parking area left open in the stilt floor and that the building permission granted on 21.12.1992 had stipulated that the stilt floor shall be used only for parking and shall not be utilized or put to any other use.

A perusal of the building permission granted on 14.08.1993 shows that there are two variations from the building permission granted in 1992. The first variation is the reduction of the parking space in the stilt area from 758.66 sq. mts., to 502.64 sq. mts. The second variation is the change in the use of the stilt floor. The building permission dated 14.08.1993 stipulates that petty shops shall be allowed in the stilt floor.

In view of these variations permitted in the building permission of 14.08.1993, there is no reason for this Court to review the orders passed by this Court on 23.09.2022.

Accordingly this review application is dismissed.

_________ RRR, J Js.