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B. KRISHNA MOHAN
Yuvajana Shramika Rythu Congress Party(YSRCP) – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
W.P.No.13258 of 2024
This writ petition is filed questioning the action of the respondents in proposing/proceeding to demolish the building of the petitioners in the land to an extent of Ac.1-50 cents in Survey No.136-1B1B2A2, HLC Colony, Anantapur under the guise of the Provisional Order vide Notice No.01/1001/ATP/UC/TP/2024 dated 22.06.2024 and Provisional Order vide U.C. Notice No.02/2024/AHUDA dated 22.06.2024 even without passing the confirmation order as stipulated under the Andhra Pradesh Municipal Corporation Act, 1955 and Andhra Pradesh Metropolitan Region & Urban Development Authority Act, 2016.
2. The learned senior counsel for the petitioners submits that the first petitioner is a regional political party in the State of Andhra Pradesh. It had achieved a remarkable victory in the 2019 Andhra Pradesh Legislative Assembly Elections by winning 151 seats out of 175 and it was in power for five years. While so as per the policy of the Government of Andhra Pradesh in G.O.Ms.No.340 Revenue (Assn.I) Department dated 21.07.2016 in respect of allotment of government land for locating the offices of the national political parties/recognised political parties, the petitioner’s
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.
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
Construction without valid municipal sanction is illegal, and reliance on oral assurances does not legitimize unauthorized actions, emphasizing the necessity of strict adherence to statutory requirem....
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
The court emphasized that demolition orders under the West Bengal Panchayat Act must come from authorized bodies, prohibiting post facto sanctions for unauthorized constructions.
Section 406 of Kerala Municipality Act reads as Demolition or alteration of building work unlawfully commenced, carried on or completed.
Illegal construction – Demolition of - Executive and political apparatus of the State take serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies o....
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