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R. RAGHUNANDAN RAO
Pelala Venkata Subbaiah – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
As the issues raised in these three writ petitions are common and the facts relating to these writ petitions are similar, they are being disposed of by way of this common order.
2. The petitioners, who are owners of buildings, in Shroff Bazar, in Kurnool Municipal Corporation, have approached this Court being aggrieved by the 2nd respondent- Corporation seeking to seal and demolish their buildings.
3. In W.P. No. 13815 of 2021, the petitioner, in October 2020, received notices from the 2nd respondent- Corporation, under Section 429 of the Andhra Pradesh Municipal Corporation Act, 1955 (for short “The Act”), requiring the Petitioner to submit a copy of a sanctioned building plan/BRS/BPS. The writ petitioner submitted a copy of the sanctioned plan, relating to his building, situated in D.No.18/100 A3, Sharoof Bazar, Kurnool. The 2nd respondent had thereupon issued a notice bearing U.C.No.13/2020/WRPS-100 dated 23.11.2020, under Section 452 and 461(1) of the Andhra Pradesh Municipal Corporation Act, 1955 to the petitioner, directing the petitioner to remove the unauthorized and illegal constructions made in deviation to the approved plan. The respondent-corporation issued subsequ
The main legal point established in the judgment is that the removal of internal partition walls, which are not load bearing, does not require prior permission under the building bye laws.
Sealing orders related to building renovations cannot stand if there is insufficient evidence of load-bearing walls, and if the work conforms to building bye-laws.
The court determined that notice to the property owner is sufficient for seizure actions under the Rajasthan Municipalities Act, thus denying the necessity for tenant notifications in cases of unauth....
Municipal authorities must perform a proper expert structural assessment before sealing a building, as total sealing is disproportionate for unauthorized construction and requires evidence-based just....
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