SIVARAMA KRISHNA KODELA Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2019-9-37
HIGH COURT OF ANDHRA PRADESH
Decided on September 05,2019

Sivarama Krishna Kodela Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents


Referred Judgements :-

SPECIAL DIRECTOR VS. MOHAMMAD GHULAM GHOUSE [REFERRED TO]


JUDGEMENT

Kongara Vijaya Lakshmi, J. - (1.)With the consent of Sri C.V.Mohan Reddy, learned senior counsel appearing on behalf of Sri M. Karthik Pavan Kumar, learned counsel for the petitioner and Sri Kasa Jagan Mohan Reddy, learned Special Government Pleader appearing for the respondents, this writ petition is being disposed of at the state of admission.
(2.)This writ petition is filed for the following relief:
'......declare the action of the 2nd respondent in issuing notice in UC No.17/2019/TPS dated 20.08.2019, affixed on the premises belonging to the petitioner bearing D.No.10-2-40, 8th Lane extension, Bhagyanagar Colony, situated in Sy.Nos.281/A and 296/A of Nallapadu village, Guntur District, on 28.08.2019 and in seeking to highhandedly demolish the constructed by the petitioner in the said premises, without affording an adequate opportunity of hearing to the petitioner and despite application dated 20.08.2019 submitted by the petitioner for regularization of the said building under the A.P. Regulation and Penalization of Buildings Constructed Unauthorisedly and in Deviation to the sanctioned Plan Rules, 2019, is pending consideration before the 2nd respondent, as illegal and arbitrary.'

(3.)Case of the petitioner is that, he is the owner of the land admeasuring an extent of Ac.0.24.66 cents situated in Sy.Nos.281/A and 296/A, Nallapadu Village; he has undertaken construction of the building on the said site and by June, 2018 building was partially completed; petitioner realized that the same was constructed without obtaining any permission from the 2nd respondent-Corporation, he stopped construction of the said building from June, 2018; the 1st respondent issued G.O.Ms.No.14, MA & UD (M) Department dated 04.01.2019 formulating the Penalization Rules, 2019 in supersession of A.P. Regulation and Penalization of Buildings Constructed Unauthorizedly and in Deviation to the Sanctioned Plan Rules, 2015; by virtue of G.O.Rt.No.487, MA & UD (M) Department dated 05.08.2019, time limit was extended for submitting applications under Penalization Rules, 2019 up to 31.08.2019; petitioner submitted his application on 20.08.2019 before the 2nd respondent seeking regularization of the unauthorized construction made in the aforesaid land; petitioner was informed that the officials of the 2nd respondent visited the subject premises on 28.08.2019 and affixed a notice dated 20.08.2019 without taking attempts to serve the same on the petitioner at his residential house; through the said notice, petitioner was called upon to show cause within seven days from the date of receipt of the said notice as to why the unauthorized construction should not be removed as per Sections 452(1), 428 and 461(1) of the GHMC Act and Sections 115(1)(2) and 116(1) of the CRDA Act and that if no explanation is received within the stipulated time, appropriate action will be taken as per the provisions of the above Acts and confirmation orders will be issued under Section 115(3) of the CRDA Act for removal of the illegal constructions; Hence, the writ petition.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.