Point of law: There is a presumption that public officials would discharge their duties honestly and in accordance with law. Even administrative power to be exercised to fulfill real purpose and not for any extraneous purpose. Where an authority makes an order in exercise of power, it must record reasons in support of the relevant material.

ORDER :

The Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the orders in B.A.No.1167/0013/B/BHE/NER/2018 dated 15.4.2021 and the consequential orders dated 16.4.2021 and 17.4.2021 passed by the 2nd respondent is illegal, arbitrary and consequently set aside the same.

2. As per the averments in the affidavit, the petitioner claims to be the owner of 4119 sq.yards of land covered by survey No.31/1 of Nerellavalasa Village, Bheemunipatnam Mandal, Visakhapatnam under the registered sale deeds Doc. No.3378/2016 and 104/2017. The petitioner submits that earlier the land was in Nerellavalasa Gramapanchayat (under Visakhapatnam Urban Development Authority for short VUDA) and thereafter gram panchayat was merged into Greater Visakhapatnam Municipal Corporation in the year 2019. While the land was within the purview of the Gram Panchayat, the petitioner intends to develop the land, approached Andhra Pradesh Coastal Zone Management Authority, Vijayawada, as a part of land is falling under Coastal regularization Zone.

3. The Authority granted authorization to raise construction in the non-CRZ area which is to an extent of 2782 sq.yards. Later, the petitioner submitted an application to the Visakhapatnam Urban development Authority seeking building permission for construction of cellar +stilt +Ground+4 floors in an extent of 1778 sq.yards. The VUDA has accordingly granted permission vide building permit No. 1167/0013/B.BHE/NER/2018 dated 22.06.2018. They completed the residential complex strictly in accordance with approved plan and sold the flats to the purchasers under registered sale deeds.

4. While so, the town planning surveyor, Bheemili Zone, GVMC, issued a show cause notice dated 06.05.2020, under Sections 452(1) and 461(1) of the A.P Municipal Corporations Act, 1955 to the petitioner alleging that “while applying for building permission you have not submitted any sub-division details duly showing the proposed site u/r in the total extent of site” and also alleged that on external set-backs side (2) petitioner has left only 2.5 meters instead of 5 meters. The petitioner on the next day i.e. on 07.05.2020 submitted explanation to the said show cause notice denying the said averments of the show-cause notice.

5. On 13.12.2020, the Commissioner of Greater Visakhapatnam Municipal Corporation issued a show cause notice to the petitioner, under section 450 of the Greater Hyderabad Municipal Corporation Act, stating that the President of Bheemunipatnam Mutually Aided Cooperative building society Ltd (for short BMACBS Ltd) submitted a representation to the Commissioner for re-examination of plan alleging that the builder has left no approach road and shown BMACBS site as approach to the building and also stated that Town Surveyor in his remarks on ground verification an extent of Ac.0.015 cents approximately falls in kacha road i.e. 118/p of Nerellavalasa (v) as owned by the BMACBS Ltd. and concluded by stating that the applicants Sri T.Ram Mohan and GPA Holder Smt T.Neelima represented by their Dhome Projects have obtained approval Vide B.A.No.1167/0013/B.BHE/NER/2018 dated 22.06.2018 by suppressing material facts by showing the approach road through BMACBS Ltd layout site and called them to show cause within 7 days from the date of receipt of the notice.

6. The Petitioner submitted explanation 19.12.2020 stating that there has been 30 feet road existing since beginning and all plots either side of this 30 feet road shows the said road as their boundary and that they have obtained permissions from VUDA, CRZ and Nidigattu Panchayat after detailed Survey of this area before building permission was approved and requested for re-survey of the land which is claimed to be part of this approach road. Re-survey was conducted by inspection of the site along with Deputy City Planner, Assistant City Planner, Town Planning Officer and the President and Secretary of BMACBS Ltd. and D-Homes project in charge on 08.04.