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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Nyapathy Vijay
Banka Suresh Babu Yadav S/O Kondaiah – Appellant
Versus
State Of AP, Rep. By Its Principal Secretary, Department Of Municipal Administration And Urban Development – Respondent
ORDER :
Nyapathy Vijay, J.
The present writ petition is filed seeking to declare the order dated 27.06.2025 issued by Respondent No.3 vide Roc.No.09/1031/NLR/UC/2024 under Sections 636, 452 (4) of A.P.Municipal Corporation Act, 1955 and Sections 89(4), 90, 91 of A.P.MURDA Act, 2016 calling upon the Petitioners to remove the unauthorized construction within 24 hours.
2. The facts leading to the filing of this writ petition are as follows:
The Petitioners are the owners of an extent of 66 Ankanams and 23 sq. ft. in Venkatram Puram, Ward No.15, Nellore Municipality, having purchased of the same under registered sale deed bearing Document No.3284/2019 dated 10.04.2019. Pursuant to the purchase, the Petitioners applied for building permission on 16.08.2021 for construction of individual residential building and the same was approved by Respondent No.3-Corporation vide proceedings dated 19.10.2022.
3. As per the building permit, the Petitioners were permitted to construct Ground floor + Stilt + three (3) upper floors. While so, a notice dated 19.12.2024 was issued to the Petitioners pointing out deviations in the construction in exercise of power under Sections 452(1) and 461(1) of the A.P. M
Unauthorized construction contradicts approved plans and must comply with municipal regulations.
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 due to administrative delays; strict compliance with building regulations is essential.
Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
Authorities must act promptly against illegal constructions, and citizens cannot claim rights while ignoring their legal duties.
The issuance of a show cause notice by municipal authorities satisfies the need for immediate action against illegal construction under the Delhi Municipal Corporation Act.
Illegal constructions cannot be regularized; authorities must act promptly to enforce building regulations.
Municipal authorities must operate within legal frameworks when enforcing demolition orders, respecting property owners' rights to appeal.
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