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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SMT JUSTICE V. SUJATHA, J
V. Jyothi – Appellant
Versus
State Of Andhra Pradesh – Respondent
Order:
V.SUJATHA, J.
This Writ Petition No.2084 of 2015 is filed under Article 226 of the Constitution of India seeking the following relief:
“..to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in not stopping illegal constructions raised by the private Respondents 3 and 4 on the property of the Petitioner bearing Municipal D.Nos.11-516, 11-517, 11-518, 11-519 and 11-520 situated in Ramulavari Gudi Veedhi Chittoor as arbitrary discriminatory and illegal and consequently direct the 2nd Respondent to remove the constructions illegally raised by the private Respondents 3&4 on the said property purportedly on oral permission granted by the 2nd Respondent and further direct the 2nd Respondent not to grant building permission / plan approval to the private Respondents or to any other person in respect of the said property in the light of the order dt 11.09.2003 in EA No.482 of 2002 in OEP No.282 of 1999 on the file of I Addl Junior Civil Judge Chittoor and with all other consequential benefits and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.
The court upheld the legality of the Municipal Corporation's actions in approving constructions, emphasizing adherence to legal standards and dismissing claims of arbitrary action.
A writ petition is maintainable even if there is a pending suit, if the petitioner alleges that the statutory authorities are failing to discharge their statutory duty.
The court emphasized that judicial review of administrative decisions is limited and requires clear evidence of illegality or public safety concerns to intervene.
Petitioners cannot invoke Article 226 for unauthorized construction disputes when no legitimate rights are affected; civil remedies suffice.
The court has the authority to direct the authorities to take action against unauthorized construction and to ensure compliance with legal requirements for construction.
The court affirmed that any citizen can file complaints regarding unauthorized constructions, emphasizing strict enforcement of planning laws to prevent illegal activities.
Illegal and unauthorized construction can be subject to legal action for removal or demolition.
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