Andhra Pradesh High Court - Amravati
Mohd Mahaboob Shariff vs The State Of Ap on 12 July, 2024
Author: B Krishna Mohan
Bench: B Krishna Mohan
APHC010297842024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [0]
(Special Original Jurisdiction)
FRIDAY ,THE TWELFTH DAY OF JULY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 14881/2024
Between:
Mohd Mahaboob Shariff ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. P DURGA PRASAD Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following ORDER:
Heard the learned counsel for the petitioner and the learned Standing counsel for the respondent Nos. 2 to 5.
2. This writ petition is filed questioning the action of the 3rd respondent in issuing the Notice No.02/1086/GVMC/UC/2024 dated 06.07.2024 under Section 636 of APMC Act, 1955 and the action of the 4th respondent in issuing the Conformation Order dated 01.07.2024 under Section 452(2) & 461(2) of APMC Act, 1955 and under Section 89(3) of APMR & UDA Act 2016 in continuation of the earlier Provisional Order dated 24.06.2024 issued by the 2 5th respondent under Section 452(1) & 461(1) r/w 428, 429 of APMC Act, 1955 and under Section 89 (1&2) r/w Section 82, 90 (1) of APMR & UDA Act, 2016 in respect of house bearing Door No.24-35-7 (wrongly mentioned in the impugned orders Door.No.24-27-47) situated at Kotaveedhi, Ward No.39, Zone-IV, Greater Visakhapatnam Municipal Corporation Limits.
3. The learned counsel for the petitioner submits that the petitioner purchased the subject house through a Registered Sale Deed dated 15.05.2008 and ever since he has been in possession and enjoyment of the same. The petitioner only made improvements and renovation of the said house. While so, the respondent No.5 issued the provisional order dated 24.06.2024 alleging that the petitioner is constructing the 2nd floor of the residential building unauthorisedly without therebeing any sanctioned plan. Without giving any opportunity to the petitioner, the 4th respondent proceeded with the issuance of the conformation order dated 01.07.2024. Without giving any further opportunity, the 3rd respondent issued the impugned notice dated 06.07.2024 directing the petitioner to remove the subject construction within 24 hours from the date of receipt of the said notice.
4. On the other hand, the learned Standing counsel appearing for the respondent corporation submits that since the petitioner proceeded with the unauthorized construction without obtaining any permission from the respondent corporation, the respondent corporation was constrained to issue the provisional order dated 24.06.2024, conformation order dated 01.07.2024 3 and the impugned notice dated 06.07.2024. However, if the petitioner submits an explanation to the above said provisional order dated 24.06.2024, the same will be considered by the corporation by following the due procedure.
5. In view of the above said facts and circumstances, the petitioner is permitted to submit his explanation to the above said provisional order of the 5th respondent dated 24.06.2024 by enclosing all the necessary documents in support of his claim within a period of two (2) weeks from the date of receipt of this order. On receipt of the same, the respondent corporation shall proceed with the necessary enquiry strictly in accordance with law by giving due opportunity of hearing for all the parties concerned including the petitioner and upon verification of the records and the subject building construction, appropriate decision shall be taken on it's own merits as expeditiously as possible preferably within a period of eight (8) weeks thereafter. For the purpose of conducting the above said enquiry, the conformation order issued by the 4th respondent dated 01.07.2024 and the impugned notice issued by the 3rd respondent dated 06.07.2024 are set aside herewith. Pending the above said enquiry, there shall not be any co-ercive steps and there shall not be any further construction.
6. Accordingly, the Writ Petition is disposed off. There shall be no order as to costs.
4
As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.
____________________________ JUSTICE B KRISHNA MOHAN 12.07.2024.
UPS