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Showing contexts for: Building deviation in Vaddiraju Deepak Kumar, Warangal Dist. ... vs The State Of A.P., M.A. U.D., Hyd. 3 Ano. on 1 March, 2023Matching Fragments
WP.No.6562 of 2008:
48. This writ petition is filed by a political party in public interest seeking declaration that the regularization and penalization rules are ultravires and arbitrary.
49. Learned counsel, Sri S. Niranjan Reddy, appearing for the petitioner contends that the rules regarding penalization are challenged on the ground that instead of collecting penalization charges from the builder the same is being collected from bonafide purchasers. Learned counsel relied upon the objects of the Bill to contend that while the aforesaid Bill and the scheme is aimed at penalizing the builder as a deterrent measure, in effect the penalization charges are being levied and collected from the occupiers, who are the bona fide purchasers of the flats. Learned counsel has filed brief note of his submissions, which primarily question the burden of payment of penalization amount imposed on the occupier rather than the builder. The aforesaid contention is supported by the provisions of Section 455-AA and reliance is placed upon the words "deviation to the building made is sought to be penalized" which invariably refers to the builder, who makes the deviation. The words "made by the owner or as the case may be by any individual" as used in the said provision, according to the learned counsel can only mean the builder or the owner and the innocent purchaser, who bonafidely purchases the flat, is not to be penalized for acts or omissions of the owner or the builder.
53. The relief sought for in the writ petition is to quash the notices issued by the second and third respondents i.e. Vijayawada Urban Development Authority and the Commissioner, Tenali Municipality by declaring G.O.Ms.Nos.901 and 112 dated 31.12.2007 and 31.01.2008 respectively as illegal and void.
54. Sri Dharma Rao, learned counsel for the petitioner has brought to our notice the impugned notices issued by the Commissioner, Tenali Municipality informing the petitioner that he has constructed the building contrary to the plan and also with deviations and brought to his notice the opportunity given for regularization of unauthorized constructions. The earlier notices of the Vijayawada Urban Development Authority dated 30.04.2007 points out the violation made by the petitioner requiring him to submit explanation.