Kollipara Veerasubrahmanyeswara Rao, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITON No. 35632 OF 2016 ORDER:

This writ petition is filed seeking to declare the action of the respondents in trying to demolish the building of the petitioners situated at D.No.1‐135, R.S.No.126/2A, Ramavarapadu Grama Panchayat, Vijayawada Rural, Krishna District, without following due process of law.

2.

Sri D.Ramesh, learned Standing Counsel appearing for the second respondent, on instructions submitted by the Panchayat Secretary, Grampanchayat, Ramavarappadu, submits that during the inspection conducted by the staff of the respondent it was found that petitioners have committed certain violations of building rules while laying of slabs in the first floor of the property, in question. It is further stated that as per the provisions of Section 110 of APCRDA Act 2014 any person has to obtain prior permission from the APCRDA for any construction. The petitioners have constructed ground and first floor with deviations and without obtaining any permission from the authority concerned. As per the powers delegated by the authority the Panchayat Secretary is competent to grant permission for construction of individual residential buildings upto ground and two upper floors and upto 1000 sq.mts of site area in the plots located only in the approved layout whereas the site is not covered by any approved layout and hence, the permission granted by the Grampanchayat is not

valid. Learned Standing Counsel further submits that as on date no notice has been issued to the petitioners calling for explanation as to why action should not be initiated in terms of the statute. 3.

Perused the record. As admittedly no notice has been issued to the petitioners, interest of justice would be served giving liberty to the respondents to initiate necessary steps in terms of the statute after giving notice to the petitioners.

The Writ petition is accordingly disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_________________________________________ JUSTICE CHALLA KODANDA RAM October 24, 2016 LMV