ANDHRA PRADESH HIGH COURT AT AMARAVATI
Ravi Nath Tilhari, J.
Meena Kumari – Appellant
Versus
State of A. P. – Respondent
Writ Petition Nos. 17520 of 2020
Decided On : 06-02-2023
CONSTRUCTION - UNAUTHORIZED CONSTRUCTION - DEMOLITION - INTERIM ORDER - VIOLATION - CONTEMPT - RULE OF LAW - MAJESTY OF LAW - SANCTITY OF COURT ORDERS - INHERENT POWERS OF THE COURT - RESTORATION OF STATUS QUO ANTE - DIRECTIONS FOR DEMOLITION OF UNAUTHORIZED CONSTRUCTION.
Fact of the Case:
The petitioners challenged the notice issued by the Vijayawada Municipal Corporation directing them to remove the deviations in the construction of the building. The court granted an interim order directing both parties to maintain status quo and further directed the respondent authorities not to take any steps for demolition. Despite the interim order, the petitioners continued with the construction. The court appointed an Advocate Commissioner to inspect the site and submit a report. The report confirmed that the petitioners had raised further constructions in violation of the interim order. The court held that the petitioners had no respect for the rule of law and for the court's specific restraint orders.
Finding of the Court:
The court held that the petitioners had violated the interim orders of the court and raised unauthorized constructions. The court observed that the petitioners had no respect for the rule of law and for the court's specific restraint orders. The court held that the constructions raised in violation and disobedience of the interim orders of the court cannot be permitted to remain in existence. To uphold the majesty of law, the acts done by the petitioners in disobedience of the court's order are required to be undone.
Issues: 1. Whether the petitioners had violated the interim orders of the court and raised unauthorized constructions? 2. Whether the constructions raised in violation of the interim orders of the court can be permitted to remain in existence?
Ratio Decidendi: 1. The court held that the petitioners had violated the interim orders of the court and raised unauthorized constructions. The court observed that the petitioners had no respect for the rule of law and for the court's specific restraint orders. 2. The court held that the constructions raised in violation and disobedience of the interim orders of the court cannot be permitted to remain in existence. To uphold the majesty of law, the acts done by the petitioners in disobedience of the court's order are required to be undone.
Final Decision: The court directed the respondents to demolish/remove the 3rd floor and the water tank above the third floor, of the petitioners' building in question. The court also directed the petitioners to bear the cost of the demolition/removal work. The court further directed the Commissioner of Police, Vijayawada City, N.T.R District (Krishna District) to provide necessary police assistance to the respondents, if so requested, without delay.
JUDGMENT
1. Heard Sri V.R. Reddy Kovvuri, learned counsel for the writ petitioners in the writ petition No.17520 of 2020. Sri V.R. Reddy Kovvuri had submitted that he had instructions from the petitioners to appear and argue on their behalf and that he shall file Vakalat within two days. He was permitted to argue on the said representation.
2. Sri Abhay Siddnath Mootha, learned counsel on record for the petitioners was also heard who had adopted the arguments of Sri V.R. Reddy Kovvuri.
3. Also heard Sri C. Suman, learned counsel appearing for the respondent No.1 and Sri V. Sai Kumar, learned counsel appearing for the respondent No.4.
4. Perused the material on record.
5. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioners have questioned the Notice/proceedings in R.C.U.C.No.2/2020/WPRS/188, dated /08/2020 issued by the Vijayawada Municipal Corporation, Vijayawada, Krishna District (in short, V.M.C) directing the petitioners to remove the deviations in construction of the building as indicated in the notice/proceedings within the specified time, failing which it was provided that those deviations shall be removed/pulled down by the authorities of the V.M.C and the incidental costs thereof shall be recovered from the petitioners.
6. The petitioners further prayed to stay all further proceedings including the demolition of the petitioners" building, and to restrain the V.M.C from stopping the petitioners from raising further construction pursuant to the impugned notice proceedings.
7. This Court granted the interim order dtd. 28/9/2020 which reads as under:-
"Post on 30/9/2020. Till such time, status quo as on today shall be maintained in respect of the construction of the building in dispute. Further, the respondent authorities shall not take any steps for demolition. Meanwhile, learned standing counsel for the respondent Corporation shall get instructions in the matter."
8. It is evident that this court by order dtd. 28/9/2020 directed both the parties to maintain status quo, existing as on that date in respect of the construction of the building in dispute and further the respondent authorities were directed not to take any steps for demolition upto 30/9/2020. On 13/10/2020, the interim order was extended till 20/10/2020.
9. In the present writ petition and in W.P.No.17881 of 2020 filed by Smt Monika Solanki with respect to different building in the same campus for which also the proceedings were initiated by issuing the notice in R.C.U.C.No.4/2020/WPRS/188, dated /08/2020, on 22/10/2020, 24/11/2020, 8/12/2020, 22/12/2020, 22/1/2021, 5/2/2021, 23/2/2021, 23/3/2021, 30/3/2021, 20/4/2021, 22/9/2021, 29/9/2021, 4/10/2021, 22/10/2021, the common orders were passed. Both the writ petitions were being taken up together.
10. Sri C. Subodh, the learned Advocate Commissioner, hereinafter referred as the 1st Advocate Commissioner, appointed vide order dtd. 6/10/2020 in W.P.No.1881 of 2020, submitted his report dtd. 19/10/2020.
11. On 22/10/2020, this Court passed the following order:-
"The report of the Advocate Commissioner was filed in this Court along with sketch. This Court has posted the matter today to hear the objections of the learned counsel for the petitioners and the learned standing counsel for the municipal corporation. Petitioners counsel has made some legal and factual submissions which in the opinion of this court merit further hearing. As the vacation is intervening from tomorrow and as the report along with sketch indicates that there are deviations, this Court is of the opinion that the petitioners should be directed to completely halt all further activity and / or construction of the building in the site till 5/11/2020. Learned counsels are given an opportunity to file their written objections, if any, to the Advocate Commissioner's report and the sketch. They are also given liberty to argue on the legal aspects. Respondents are directed to depute a responsible official t
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Constructions raised in violation and disobedience of the interim orders of the court cannot be permitted to remain in existence. To uphold the majesty of law, the acts done by the petitioners in dis....
Failure to comply with an interim order must be deliberate for civil contempt; mere procedural compliance suffices to dismiss claims of willful disobedience.
The duty of the municipal authority to ensure prompt demolition of unauthorized constructions and the precedence of the order of a higher court over that of a subordinate court.
The court reaffirmed the principle that unauthorized constructions threaten public safety, necessitating swift enforcement of demolition orders under local municipal law.
The court highlighted the importance of adhering to building permissions and procedures outlined under municipal law in construction matters.
The proceedings under Order 39 Rule 2-A CPC are quasi-criminal in nature, and willful disobedience must be proved beyond a shadow of doubt.
The Tribunal has the authority to regularize minor violations of building regulations, and the High Court's supervisory jurisdiction does not extend to re-evaluating factual determinations made by lo....
A person responsible for unauthorized construction has no right to reconstruct the same after demolition and then apply for regularization.
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