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2018 Supreme(AP) 721

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
SANJAY KUMAR, J.
Byredla Chinna - Appellant
Versus
The State of A.P. rep. by its Principal Secretary, Municipal Administration Department & Others - Respondent
Writ Petition Nos. 38986 of 2017, 396 of 2018 & Contempt Case No. 191 of 2017
Decided On : 28-12-2018

Advocate Appeared:
For the Petitioner:Kowturu Pavan Kumar, M.M.M. Srinivas Rao, Advocates.
For the Respondents:S. Lakshminarayana Reddy, Standing Counsel for GVMC, B. Sapna Reddy, B. Sudhakar Reddy, Advocates.

Headnote:

Constitution of India, 1950 – Article 226 – Hyderabad Municipal Corporation Act, 1955 – Section 636 – Visakhapatnam Municipal Corporation Act, 1979 – Section 7(1) – Scheme regularizing encroachments over valuable Government lands at throw-away prices – Government’s regularization policy – Seeking action of Greater Visakhapatnam Municipal Corporation in attempting to demolish construction – Challenged –Held, Court is of opinion that Byredla Chinna cannot be permitted to occupy or enjoy subject premises pending consideration of regularization application, keeping in mind observations made in this order – However policy of Government permits regularization of illegal occupation of Government land for dwelling units which, by implication are also equally illegal, GVMC authorities shall not proceed with further demolition of unauthorized constructions made by Byredla Chinna until disposal of regularization application – Facts brought on record demonstrate that GVMC authorities were not somnolent in dealing with representation or taking necessary action thereon in accordance with law, as directed by Court –No disobedience, much less willful disobedience, can therefore be attributed to them in this regard – Writ Petition dismissed (Para 38 and 39)

Facts of the Case:

Writ Petition filed for Seeking action of Greater Visakhapatnam Municipal Corporation in attempting to demolish construction

Findings of the Case:

Court is of opinion that Byredla Chinna cannot be permitted to occupy or enjoy subject premises pending consideration of regularization application, keeping in mind observations made in this order – However policy of Government permits regularization of illegal occupation of Government land for dwelling units which, by implication are also equally illegal, GVMC authorities shall not proceed with further demolition of unauthorized constructions made by Byredla Chinna until disposal of regularization application – Facts brought on record demonstrate that GVMC authorities were not somnolent in dealing with representation or taking necessary action thereon in accordance with law, as directed by Court –No disobedience, much less willful disobedience, can therefore be attributed to them in this regard.

Result: Writ Petition dismissed

JUDGMENT :

1. Byredla Chinna, the petitioner in the two writ petitions, is the Sarpanch of Cherukupally Village, Bhogapuram Mandal, Vizianagaram District.

2. She filed W.P.No.38986 of 2017 assailing the action of the Greater Visakhapatnam Municipal Corporation (GVMC) in attempting to demolish her construction in the premises bearing No.1-49-182/1 at Banglametta, Tagarapuvalasa Village, Bheemunipatnam Mandal, Visakhapatnam District, despite the order dated 06.08.2016 passed by the Tahsildar, Bheemunipatnam Mandal, Visakhapatnam District, advising her to seek regularization of her occupation over the said premises. She sought a consequential direction to the GVMC not to demolish the structure and a further direction to the District Collector, Visakhapatnam, and the Tahsildar, Bheemunipatnam Mandal, Visakhapatnam District, to regularize her occupation over the subject Government land by receiving the basic value as per G.O.Ms.No.118 dated 30.03.2016.

3. She then filed W.P.No.396 of 2018 assailing the notice dated 23.11.2017 issued by the Zonal Commissioner, GVMC, under Section 636 of the Greater Hyderabad Municipal Corporation Act, 1955 (for brevity, ‘the Act of 1955’), which applies to the GVMC, by virtue of Section 7(1) of the Visakhapatnam Municipal Corporation Act, 1979, requiring her to remove her unauthorized construction. She sought a direction to the authorities not to take any action in respect of the construction made by her in the subject premises till the regularization proceedings were finalized.

4. No interim orders were passed in W.P.No.38986 of 2017. In W.P.No.396 of 2018, an interim order was passed on 12.02.2018. By the said order, taking note of the fact that the son of Byredla Chinna had committed suicide on 10.02.2018 and that his obsequies had to be performed, this Court granted stay of demolition for a period of two weeks, i.e., up to 27.02.2018. This Court also made it clear that the order was passed owing to the said circumstance and not on merits. There was no extension of the said order and it is an admitted fact that the unauthorized construction made by Byredla Chinna has been demolished in part.

5. Byredla Chinna’s case is that she purchased an extent of land admeasuring 193 square yards in the premises bearing No.1-49-182/1 in Sy.No.27-1 of Banglametta, Tagarapuvalasa Village, Bheemunipatnam Mandal, Visakhapatnam District, under registered sale deed dated 10.11.2006, from one Pampana Suryanarayana. However, it is not in dispute that she is actually in occupation of Government land in Sy.No.26 of Tagarapuvalasa Village and also made construction therein.

6. In this regard, it may be noted that G.Rama Surappadu, the sixth respondent in W.P.No.38986 of 2017 and the seventh respondent in W.P.No.396 of 2018, filed W.P.No.14247 of 2016 before this Court complaining that no action was being taken upon his representation dated 24.02.2016 in relation to the unauthorized construction made by Byredla Chinna in Government land. The said writ petition was disposed of, vide order dated 26.04.2016, directing the authorities concerned to take appropriate action, as warranted, in accordance with law after giving an opportunity of hearing to all parties concerned. Pursuant to this order, the Tahsildar, Bheemunipatnam Mandal, conducted an enquiry in the presence of G.Rama Surappadu and Byredla Chinna and passed order dated 06.08.2016 confirming that Pampana Suryanarayana, the vendor of Byredla Chinna, was assigned an extent of 145.2 square yards in Sy.No.26 Part of Tagarapuvalasa Village on 15.03.1982, under weaker sections quota, for construction of a house subject to the condition that he should not alienate the said land without obtaining the permission of the Revenue Divisional Officer. He however constructed a house without sanction, by encroaching over a further extent of 48.4 square yards of Government land, an
































































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