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2008 Supreme(AP) 213

C.V.NAGARJUNA REDDY
Garapati Radha – Appellant
Versus
Commissioner, Vijayawada Municipal Corporation, Vijayawada – Respondent


Advocates appeared
Counsel for Petitioner: Sri M.R.K. Chowdary
Counsel for Respondent No.1: Smt. G. Jhansi
Counsel for respondents 2&3: Sri G. Vidyasagar

ORDER

Since the issues involved in both these writ petitions are common, they were heard together and being disposed of by a common order.

2. For convenience, the parties are referred to as they are arrayed in WP.No.10781 of 2000.

3. Petitioner Nos.1 and 2 entered into a development agreement with respondent Nos.2 and 3 for construction of a residential complex on an extent of 800 square yards situated at Gopalakrishnaiah Street, Governorpet, Vijayawada, belonging to respondent Nos.2 and 3. They agreed to share the built up area in the ratio of 60:40 between themselves and respondent Nos.2 and 3 respectively. As constructions were made in deviation of the sanctioned plan, an application for regularization of the deviations was made. While Form-A was submitted on 31.08.1998, Form-B was submitted on 28.10.1998 in the name of respondent No.2 by petitioner No.3 under Building Regulation Scheme as notified under G.O.Ms.No.419, M.A. dated 30.07.1998. Respondent No.1, who considered the said application, passed order on 29.10.1999, whereunder the deviations were regularized. Later, respondent No.1 issued notice dated 15.02.2000 purportedly under Section 450 of the Hyderabad Municipal Corp






























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