VISAKHAPATNAM MUNICIPAL COUNCIL Vs. SRIMATHI KAMALA DEVI VARU
HIGH COURT OF ANDHRA PRADESH
VISAKHAPATNAM MUNICIPAL COUNCIL
SRIMATHI KAMALA DEVI VARU
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Gopal Rao Ekbote, J. -
(1.)This is an appeal
against the judgment of our learned brother Vaidya, J., given in S.A. No. 734 of
1968 on 15th April, 1970 whereby the
learned Judge dismissed the appeal.
(2.)The facts in outline are that the
respondent herein instituted a suit for
declaration that she was entitled to
renovate the compound wall on the old
foundations without obtaining any
permission from the Visakapatnam
Municipal Council. What happened
was that the plaintiff gifted 12 feet
of land for widening a road and wanted
to construct certain sheds on the roadside. She applied for the necessary
permission for the construction of
the shed including compound wall on the
eastern side of the site. The Municipality
returned the plan for resubmission directing the shifting of the proposed shop
rooms to 15 feet inside the acquisition
(3.)The plaintiff instead of complying
with the direction of the Municipality
and resubmitting the plan constructed a
compound wall which is admittedly of
less than 8 feet in height.
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