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RAVI NATH TILHARI
Madugula Krishna Rao – Appellant
Versus
State Of Andhra Pradesh – Respondent
JUDGMENT :
1. Heard Sri V.S.R.Anjaneyulu, learned Senior Advocate assisted by Smt. Vangala Sailaja, learned counsel for the petitioner and learned Government Pleader for Municipal Administration for the respondent No.1 and Sri K.Srinivasulu Reddy, learned Standing counsel for the respondent No.2, Srikakulam Urban Development Authority.
2. With the consent of the parties counsels, the writ petition is being decided finally at this stage.
3. This writ petition under Article 226 of the Constitution of India has been filed for the following relief:-
4. The petitioner has challenged the impugned proceedings Roc.No.194/2022/Buildings/SUDA, dated 05.09.2022 and Roc.No
Illegal constructions cannot be regularized without proper permissions, and claims of natural justice violations are unfounded if structures are deemed illegal.
The court ruled that demolition orders must follow due process and should only be executed if significant public interest is at stake, emphasizing the right to appeal.
The judgment establishes the principle that unauthorised constructions cannot be regularized under the amended provisions of the Acts. It emphasizes the need to prevent illegal and unauthorized const....
A person responsible for unauthorized construction has no right to reconstruct the same after demolition and then apply for regularization.
Unauthorized constructions cannot be legitimized without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
The judgment emphasizes the importance of following the procedure mandated under the A.P. Municipal Corporation Act, 1955 and highlights the limitations of the Commissioner's power to regularize viol....
An unauthorized construction is liable to be demolished, and the municipal authorities are not bound to regularize the same.
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