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2006 Supreme(AP) 53

V.V.S.RAO
Pallavi Enclave Flat Owners Welfare association – Appellant
Versus
State Of A. P. – Respondent


( 1 ) PALLAVI Enclave Flat Owners welfare Association (the Association, for brevity) and nineteen (19) of its members filed the instant writ petition seeking a writ of mandamus declaring the orders of the State of Andhra Pradesh, the first respondent herein - in G. O. Rt. No. 706, dated 17. 6. 1995 as illegal and arbitrary, to set aside the same and consequently direct respondents 2 and 3 - namely, visakhapatnam Urban Development authority (VUDA) and Visakhapatnam municipal Corporation (VMC) to demolish illegal constructions made by fourth j respondent in the premises known as Pallavi enclave in survey Nos. 2/3, 44/3a, 3b, 44/4 and 44/5 of Dondaparthy Village, visakhapatnam. The petitioners also seek a direction to the fourth respondent to surrender 763. 84 Sq. metres of site and also the land covered by 40 feet service road to enable VMC to lay said road. Be it noted that by G. O. Rt. No. 706, dated 17. 6. 1995 the first respondent purporting to exercise the powers vested under A. P. Urban Areas (Development) Act, 1975 (hereafter called, urban Development Act) relaxed Regulation 10 (B) (ii) of VUDA Zoning Regulations to an extent of 164. 36 Sq. metres so as to allow 184. 36 Sq. me














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