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SUBBA REDDY SATTI
Kota Alivelu Manga – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER
Subba Reddy Satti, J. - The Writ Petition is filed seeking the following relief:
'. to issue an appropriate Writ, direction or order, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 and 3 in threatening to demolish the building consisting of Stilt + Ground Floor + 2 Upper Floors constructed vide building permission No.1073/1961/B/VMC/VID/2021 situated in D.No.75-11-159/1, Balabaskar Nagar, Punnami Ghat, Bhavanipuram, NTR District without any prior notice or opportunity and in spite of representation dated 15.03.2024 and 08.06.2022 submitted to the respondent No.2 for regularization and also in spite of penalty amount of Rs.6,00,000/- paid on 01.03.2023 in the complaint filed by the 2nd respondent in C.C.No.582 of 2022 on the file of Court of the VII Addl. Metropolitan Magistrate (Municipal Court), Vijayawada towards fine/compensation pertaining to notices u/s.452(1), 452(2), 461(1), 461(2), 464(4) of the A.P. Municipal Corporation Act, 1955, as arbitrary, illegal, unjust and violative of Articles 14, 21, 19 and 300A of the Constitution of India besides in violation of principles of natural justice and in breach of statutory prov
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....
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
The court mandated the Municipality to expeditiously process the pending regularization application for unauthorized construction, emphasizing compliance with statutory timelines and precedents set b....
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 main legal point established in the judgment is that unauthorized construction exceeding the permissible limit cannot be regularized under the Act of 2016.
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