Andhra Pradesh High Court - Amravati
Prasanth Towers Residents Welfare ... vs The State Of Andhra Pradesh, on 21 August, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
[ 2696 ] (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) FRIDAY, THE TWENTY FIRST DAY OF AUGUST, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 11630 OF 2020 Between: Prasanth Towers Residents Welfare Association, R.S.Road, Kurnool, rep. by its General Secretary, K.Raja Babu, S/o. (Late) K.Sriramulu, Aged about 62 years, R/o Flat No.207, Prasanth Towers, R.S.Road, Kurnool, Kurnool District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Municipal Administration and Urban Development Department, A.P. Secretariat Buildings, Velagapudi, Amaravati, Guntur District, A.P. 2. Kurnool Urban Development Authority (TUDA), Kurnool, rep. by its Secretary, Kurnool. 3. Kurnool Municipal Corporation, Kurnool, Rep. by its Commissioner, Kurnool 4. Sree Abhaya Maruthi Constructions, Rep. by Ashok Kumar Bhandari, 40/319-4, Railway Station Road, Kurnool, Kurnool District. ...Respondents WHEREAS the Petitioner above named through its Advocate Sri C.PRAKASH REDDY presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the inaction of the Respondents 2 and 3 in not taking any action against the 4° Respondent, who is proceeding with the construction of Rajendra Sky Towers and Rajendra Sky Rise in Sy.No.99/1C3 and 100/3C, R.S.Road, Kurnool, inspite of Work Stop Order dt.20-12-2019 and without final Approval of Building Plan is arbitrary, illegal and contrary to Andhra Pradesh Building Rules, 2017 and consequently direct the Respondents 2 and 3 to forthwith take action against the 4" Respondent. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri C.Prakash Reddy, Advocate for the Petitioner and Sri Suresh Kumar Reddy Kalava, Standing Counsel for Respondent no.3 and of GP for Municipal for Municipal Administration for Respondent No. 1 and 2, M/s A.Tulsi Raj Gokul, Advocate for the Respondent No.4, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: 1. The Principal Secretary Municipal Administration and Urban Development Department, A.P.Secretariat Buildings, Velagapudi, Amaravati, Guntur District, A-P. The Secretary, Kurnool Urban Development Authority (TUDA), Kurnool, Kurnool. The Commissioner, Kurnool Municipal Corporation, Kurnool, Kurnool The Ashok Kumar Bhandari, Sree Abhaya Maruthi Constructions, 40/319-4, Railway Station Road, Kurnool, Kurnool District. hwN are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 18-09-2020, on which date the case stands posted for hearing. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct Respondents 2 and 3 to forthwith take action against the 4° Respondent, who is proceeding with construction of Rajendra Sky Towers and Rajendra Sky Rise in Sy.No.99/1C3 and 100/3C, R.S.Road, Kurnool, inspite of Work Stop Order dt.20-12- 2019 without final Approval of Building Plan, pending disposal of WP No. 11630 of 2020, on the file of the High Court. ORDER:
"Notice before admission.
The grievance of the petitioner-welfare association is that the 4" respondent with a view to construct a residential and commercial complex by name 'Rajendra Sky Towers and Rajendra Sky Rise' in Sy.No.99/1C3 and 100/3C, R.S.Road, Kurnool made an application for permission to the 2"¢ respondent. The and respondent vide proceedings dated 02.12.2019 sanctioned conditional permission to the 4'" respondent subject to certain conditions. The petitioner came to know that the 2™ respondent vide letter dated 20.12.2019 issued 'Stop Work Order' stating that the 4 respondent has obtained building permission through on-line by suppressing certain facts. In spite of Stop Work Order, the 4'" respondent proceeded with the construction and in that connection, the petitioner association submitted a representation on 43.12.2019 to the 3 respondent complaining that the 4" respondent, without leaving setbacks which are essential for Fire Protection and other works, is proceeding with the construction. Though the 3™ respondent made an endorsement to Deputy Chief Panel/Town Planning Officer, Kurnool Municipality to inspect the site and take necessary action and submit the details of action, the 4° respondent has proceeded with the construction in contravention of Andhra Pradesh Building Rules, 2017. But, no action is forthcoming from respondents 2 and 3, which is illegal and arbitrary.
Learned counsel for the petitioner submits that Prasanth Towers was constructed in the year 1986 with five floors and there are nearly 60 flats in the said apartment. Now, the 4°" respondent is constructing Stilt + 5 floors to the west of Prasanth towers without leaving the setbacks prescribed under the A.P. Building Rules, 2017 resulting diminution of light and air and causing inconvenience to the occupants of the Prasanth Towers. The petitioner's association complained to respondents 2 and 3, but no action has been taken by them. The 4" respondent, without there being any final approval, is proceeding with the construction, which is illegal and arbitrary.
In the facts and circumstances of the case and considering the submission of the learned counsel for the petitioner and on perusal of the record, this Court is prima facie satisfied that the concerned authorities are not taken any action to prevent the 4". respondent from proceeding with the construction in spite of Stop Work Order dated 20.12.2019 issued by the 2™¢ respondent. This Court also has taken note of the inaction on the part of the respondents 2 and 3 to monitor and stop the construction work made by the 4" respondent without final approval.
Accordingly, there shall be a direction to the respondents 2 to 4 to stop the further constructions of Rajendra Sky Towers and Rajendra Sky Rise situated in Sy.No.99/1C3 and 100/3C of R.S.Road, Kurnool to be made by the 4" respondent, without final approval of building plan.
Post on 18.09.2020."
SD/- G Srinivasa Reddy ASSISTANT REGISTRAR TRUE COPY// For ASSISTANT REGISTRAR RON OONAN MM The Principal Secretary Municipal Administration and Urban Development Department, A.P.Secretariat Buildings, Velagapudi, Amaravati, Guntur District, AP.
The Secretary, Kurnool Urban Development Authority (TUDA), Kurnool, Kurnool. The Commissioner, Kurnool Municipal Corporation, Kurnool, Kurnool The Ashok Kumar Bhandari, Sree Abhaya Maruthi Constructions, 40/319-4, Railway Station Road, Kurnool, Kurnool District. (Addresses 1 to 4 by RPAD- along with a copy of petition and affidavit) One CC to Sri. C.Prakash Reddy, Advocate [OPUC] Two CC to gP for municipal Administration, high court of AP [OUT] One CC to Sri Suresh Reddy Kalava, Standing Counsel [OPUC] One CC to M/s A.Tulsi Raj Gokul, Advocate [OPUC] One spare copy HIGH COURT MGRJ DATED:21/08/2020 NOTE: POST ON 18-09-2020 NOTICE BEFORE ADMISSION WP.No.11630 of 2020 DIRECTION
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