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2023 Supreme(AP) 641

NINALA JAYASURYA
ITC Limited – Appellant
Versus
Chilakaluripet Municipality – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ghanta Rama Rao, G.V.S. Ganesh.
For the Respondent: M. Manohar Reddy.

ORDER :

1. The present Writ Petition is filed inter alia, aggrieved by the Condition Nos.15 & 17 imposed in the Communication dated 30.11.2009 while granting “Technical Approval” to the petitioner for Construction of a Warehouse Shed and the demand for producing the Mortgage Deed and payment of Rs.42,85,450/- towards 14% open space charges as per G.O.Ms.No. 902, Municipal Administration & Urban Development (M1) Department, Dated 31.12.2007 vide Endorsement dated 01.06.2010 issued by the 1st respondent, to declare the same as invalid, in-operative, non-est in Law apart from seeking other reliefs.

2. The brief facts as per the averments made in the Writ Affidavit may be narrated for better appreciation of the case as follows:

    The Writ Petitioner is a Company established under the provisions of the Companies Act and engaged in multifarious businesses, including Fast Moving Consumer Goods (FMCG) Business across the Country. It owns lands in Chilakaluripet, Guntur District of an extent of 37336.67 Sq. Mtrs., forming part of Survey Nos.130/C1B, 133/A, 140/AA and 140/AB1. It submitted an application dated 02.04.2009 to the 1st respondent-Municipality seeking permission/approval for Construct

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