Point of Law: Illegal construction – Demolition of - Executive and political apparatus of the State take serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies of affluent class of builders and others, else even the rural areas of the country will soon witness similar chaotic conditions.

ORDER :

1. This Writ Petition has been filed by the petitioner seeking the following relief:

“Declaring the impugned Memo ROC No. 1378/2011, dated 01.12.2011 of Respondent No. 2 and the consequential proceedings in ROC No. 330/2010, dated 17.12.2011 of respondent No. 4 as contrary to the provisions of G.O.Ms. No. 67, PR&RD (Pts.IV) Department dated 26.02.2002 and the Panchayat Raj Act, 1994 and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and set aside the same.”

2. Heard Sri. Y. Subrahmanyam, learned counsel for the petitioner and the learned Government Pleaders for Revenue and Municipal and Administration appearing for Respondent Nos. 1 and 6 and the learned Standing Counsel for Panchayat Raj appearing for Respondent Nos. 2 to 4 and Respondent No. 5 i.e. (Party-in-person). Perused the material available on record.

3. The case of the petitioner is that he is the absolute owner of the land to an extent of Ac. 0.39 cents in R.S. No. 122-11 situated in Pamarru Village, where he wanted to construct a marriage function hall with cement sheets. He made an application on 07.10.2010 along with necessary particulars and plan to Respondent No. 4 for permission and approval of construction for marriage function hall by fulfilling all necessary legal formalities as required under G.O.Ms. No. 67, dated 26.02.2002. Thereafter, respondent No. 4 permitted the petitioner to go ahead with the construction since Panchayat Board passed resolution permitting the petitioner to construct the function hall. Following the same, he constructed the marriage function hall by 25.01.2011 as per the plan submitted and approved by the Gram Panchayat. On 25.01.2011 respondent No. 4 came to the petitioner and directed him not to construct anything further and took statement that he would not construct anything further. The construction of marriage function hall is a building within the meaning of G.O.Ms. No. 67, dated 26.02.2002 and it doesn't require any technical or prior permission of the Town and Country Planning Department.

4. Learned counsel for the petitioner submits that the said function hall has been completed before 25.01.2011 only and nothing is constructed subsequent to the undertaking forcibly taken by respondent No. 4 on 25.01.2011. Therefore, the impugned Memo ROC No. 1378/2011, dated 01.12.2011 of respondent No. 2 and the consequential Proceedings in ROC No. 330/2010 of Respondent No. 4 dated 17.12.2011 are illegal and arbitrary and violative of fundamental rights of the petitioner. Aggrieved by the same, the present Writ Petition has been filed by the petitioner.

5. The 4th Respondent i.e. Gram Panchayat, filed Counter Affidavit contending that the petitioner made an application to the Gram Panchayat for granting permission for construction of AC Sheet Roof Sheds (Kalyanamandapam) in Sy. No. 122-11 on 04.10.2010 and the same was placed before the Committee of the Gram Panchayat for taking decision. The committee of the Gram Panchayat resolved vide resolution No. 197/2010, to forward the application submitted by the petitioner to the District Town and Country Planning, Machilipatnam (for short D.T.C.P.) for its approval, who is the competent authority. Thereafter, as D.T.C.P. informed on 05.01.2011 to this respondent that there are some shortfalls in the application submitted by the petitioner, and the same was intimated to the petitioner on 07.01.2011 for rectifying the shortfalls. Thereupon, the petitioner requested this respondent vide Letter dated 25.01.2011 that the information as sought for will be furnished after obtaining permission from the competent authorities. Thereafter, Respondent No. 4 visited the construction spot, as per the oral instructions of the District Panchayat Officer, Machilipatnam and submitted a detailed report on 21.10.2011 to the District Panchayat Officer, stating that the petitioner is constructing Kalyanamandapam without obtaining any permission. Thereafter, Respondent No. 4 issued notice