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2009 Supreme(AP) 355

V.ESWARAIAH, VILAS V.AFZULPURKAR
K. H. V. Prasad – Appellant
Versus
Govt. of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development – Respondent


Advocates appeared:
M/s. Srinivas Dammalapati, S. Niranjan Reddy, S. Sainatha, S. Ramachandra Rao, Smt. S.V. Ratnam, G. Chandraiah, Y. Rama Rao, K.S.Murthy, G. Dharma Rao, Rama Rao Ghanta, M.V. Suresh Kumar, D.V.Sitaramamurthy, Mrs. V. Preeti Reddy, M. Ravindranath Reddy, S.V.R. Subrahmanyam, A.Chandraih Naidu, M. Sivananda Kumar, V. Raghu, Sadasiva Rao Pamulaparty, Mrs. S.Nanda, N.Sriram Murthy, Counsel and G.P. for Revenue for the Petitioner.
Advocate General, Mr. J.V. Suryanarayana, Senior Counsel, Mr. V. Venkataramana, G.P. for Muncipal Admn. and Urban Development, Mis. G. Rama Gopal, Mrs. G.Jhansi, Venkata Rangadas Kanuri, P.Kamlakar, N.Ranga Reddy, G.P. for Home, M.Narender Reddy, Chetluru Sreenivas, S.S.Viswanetra Reddy, G.KDeshpande, Y. Ravindra SC for Huda, R.Radha Krishna Reddy, SC for GHMC, SNC Zone, M.Vishnuvardhan Reddy, SC for MPL. Corp. VSP, G.Elisha, SC for ZPPS and MPPS,TEL REG, G. Vishweshwar Reddy, G.P. for Revenue, R.Ramachandra Reddy, SC for MCH, M. Surender Rao, Ms. K. Aruna, SC for VGTMUDA, M. Dhananjay Reddy, SC for HUDA, V. Sita Ramaiah (Party-In-Person), S. Nageswara Reddy and Prabhu Nath Vasireddy, Counsel for the Respondents.

ORDER

(Vilas V. Atzulpurkar, J.)

In this batch of cases the question posed for consideration is regarding the validity of AP Act 9 of 2008, which amended the Hyderabad Municipal Corporations Act, 1955 (for short 'HMC Act'). Andhra Pradesh Municipalities Act, 1965, Vijayawada Municipal Corporation Act, Visakhapatnam Municipal Corporation Act, Andhra Pradesh Municipal Corporations Act, 1955 and the Andhra Pradesh Urban Areas (Development) Act, 1975 and G.O.Ms.No.901 dated 31.12.2007 issued thereunder.

2. By the aforesaid amendment Act the HMC Act was amended by inserting Sections 452-A, 455-A and 455•AA apart from substituting Schedule U and V of the HMC Act. Similarly, with respect to the other allied Acts, in the Andhra Pradesh Municipalities Act, 1965, Section 218-A was inserted and in the Andhra Pradesh Urban Areas (Development) Act, 1975 under Section 2h(h) high rise buildings was defined and Sections 41 and 43 were amended by inserting sub-sections. Further, Section 46 was substituted by conferring power of regularization on the Vice-Chairman and Section 46•A was inserted in the said Act. The said Act came into force on 15.12.2007 having received assent of the Governor on 16.04.

























































































































































































































































































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