HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.19299 of 2010 DATED: 23.04.2014 Between:
Smt. Vempalli Lakshmi Devi ... Petitioner And The Proddatur Municipality, Rep. by its Commission, Proddatur, Kadapa district & another … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.19299 of 2010 ORDER:
Heard the learned counsel for the petitioner and the learned standing counsel for the 1st respondent. None appeared for the 2nd respondent.
2. The petitioner is the owner of the house bearing D.No.4/15, Nehru Road, Proaddatur and the 2nd respondent is the owner of the house bearing D.No.4/14. The said Nehru road is a main road. The 2nd respondent started construction of residential apartment in her site with G+4 upper floors pursuant to the proceedings issued by the Regional Deputy Director of Town Planning, Anantapur, dated 02.02.2010. The petitioner submitted representation on 21.07.2010 to the 1st respondent alleging violations while making constructions by the 2nd respondent. When no action was taken on the said representation by the 1st respondent, the present writ petition was filed.
3. This Court by order dated 30.08.2010 directed the 1st respondent to consider the representation of the petitioner dated 21.07.2010 and take appropriate action in accordance with law. In spite of the said directions, when the 2nd respondent was proceeding with the construction, this Court by order dated 15.03.2011 directed the 1st respondent to ensure that the 2nd respondent does not make any construction without sanctioned plan in the plot in question. The petitioner also filed contempt case in CC No.158 of 2011 alleging non- implementation of the order dated 30.08.2010.
4. Though, no counter-affidavit is filed by the 1st respondent in the present writ petition, a counter-affidavit was filed in the contempt case, on the basis of which, learned standing counsel for the 1st respondent submits that the 2nd respondent obtained building permission for construction of a residential apartment with stilt + ground + 4 upper floors at D.No.4/14, Central Stores road, Proddatur, vide A.B.A.No.2/2010/G.1 dated 16.06.2010. After obtaining permission, the 2nd respondent herein started construction by deviating the sanctioned plan. Hence, a provisional notice was issued on 18.08.2010 to the 2nd respondent under Section 217(1) of the A.P. Municipalities Act, 1965, which was followed by confirmation notice under Section 217(2) of the Act on 03.09.2010. After receiving the said confirmation notice, the 2nd respondent stopped construction work and also removed the deviated portions. The 2nd respondent also submitted a letter dated 22.03.2011 requesting the 1st respondent for cancellation of the existing plan stating that the ongoing construction is dropped due to set back reasons and requested to allow her to construct the building in the same site after submission of plans. Learned counsel for the petitioner states that even after submission of the letter dated 22.03.2011, the 2nd respondent has been going ahead with the construction activity without submitting any plan but the learned standing counsel for the 1st respondent states that the 2nd respondent is not making any constructions.
5. In the circumstances, the 1st respondent is directed to inspect the premises bearing D.No.4/14 Central Stores Road, Proddatur and also consider the representation of the petitioner dated 21.07.2010 and after hearing both parties i.e., the petitioner and 2nd respondent, take appropriate action against the unauthorised constructions, if any, in accordance with law.
6. With the above observation, the writ petition is disposed of. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 23.04.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 4 WRIT PETITION No.19299 of 2010 Date: 23.04.2014 BSS