APHC010070772019 IN THE HIGH COURT OF ANDHRA PRADESH [3460]

AT AMARAVATI (Special Original Jurisdiction)

WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 3190/2019 Between:

Subham Builders ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. P DURGA PRASAD Counsel for the Respondent(S):

1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)

2. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following:

THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.3190 of 2019

ORDER:

This writ petition is filed questioning the action of Respondent No.2 in interfering with the construction activity of the Petitioner made pursuant to the building permit order bearing B.A.No.1086/2837/B/Z3/RAR/2017 dated 15.12.2017 without issuing any prior notice as illegal and arbitrary and contrary to the A.P Municipal Corporation Act, 1955.

2. The facts leading to the filing of the writ petition are that the predecessor in title of the Petitioner by name later B.Muthuswamy had acquired an extent of 2000 sq. yards with specific boundaries under a registered sale deed dated 31.12.1959 bearing document No. 3598/1959 from one Lakshmi Ziauddin and others. Out of the total extent of 2000 sq. yards, the said Late B. Muthuswamy give an extent of 1600 sq. yards of the site for development along with one K.Ramakrishna Rao and others by retaining an extent of 400 sq. yards for himself.

3. Consequent to the development agreement, building plan was approved by the Respondent-Corporation and the building as agreed was constructed. As regards the balance extent of around

400 sq. yards, late B.Muthuswamy executed a Will dated 07.02.2004 bequeathing the property in favor of his daughter Smt. B.Vijayalakshmi. It is stated that Sri B.Muthuswamy died on 16.10.2008 and pursuant to the Will, Smt.B.Vijayalakshmi became absolute owner of the property. Subsequently, Smt. B.Vijayalakshmi died on 12.08.2014 and her son Murali Krishna Balakumar and her niece padma Murale succeeded to the property on the strength of the Will said to have been executed by Smt. B.Vijayalakshmi on 17.02.2014. On the basis of the said Will, the Petitioner entered into a registered development agreement-cum G.P.A with the successors i.e. B.Murali Krishna Balakumar and Smt. Padma Murale vide document No.120/2017 dated 29.12.2016. Subsequently, a ratification deed was also executed on 09.02.2018 bearing Document No.746/2018 as the date of the Will executed by Smt.B.Vijayalakshmi was wrongly mentined.

4. Pursuant to the development agreeemnt, the Petitioner applied for construction of a multi storied building in the balance extent of about 400 square yards. The said application for construction of residential building with three upper floors was permitted vide building permit Order No.1086/2837/B/Z3/RAR/2017 dated 15.12.2017. Thereafter, while the Petitioner was taking steps to construct by demolishing the old building bearing Dr.No.10-50-18, the Respondent- Authorities restrained the Petitioner from proceeding with construction. In that context, the present writ petition is filed.

5. The Respondent-Authorities filed counter stating that in an extent of 1674 sq.mtrs., the Respondent-Authority had given building permission for construction of ground floor for parking (+) 4 upper floor vide proceedings dated 11.02.1986. A revised plan was obtained vide proceedings in R.C.No.3106/77/F3 dated 23.09.1988 and the revised plan was for cellar for hall + GF for parking + 4 upper floors and 3 units in 5^th floor exempting setbacks from 6.40 meters to 3.05 meters. The revised plan was said to have been revoked by proceedings Lr.R.C.No.8602/02/CCP, dated 19.11.2009 and the original plan granted vide B.A.No.3353/85 was alone taken into consideration. 6. While so, the Petitioner had obtained building permission as referred above, which is in an extent of 328.65 square meters covered by previous approved plan. A show caus