M/S. Sri Kanya Multispeciality Hospital v. The Government Of Ap., Rep.Byits

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.13584 of 2012 ORDER:

The petitioner took the premises on lease for the period from 12.05.2011 to 11.06.2016 in order to run a Hospital. Respondent No.2 issued a notice on 13.01.2012 to the owner of building stating that the construction was in deviation of the sanctioned plan and the parking area was unauthorisedly converted for the other purpose. At that stage, the present writ petition was filed.

This Court, by order dated 11.05.2012, granted interim stay of demolition of the premises in question and the said order is in operation till today. No counter affidavit is filed by the respondents.

A perusal of the impugned order shows that the stilt/cellar portion meant for parking was converted into a shop (Lab) and there was no parking area. In those circumstances, the owner of building was issued a preliminary notice under Section 217(1) of the Andhra Pradesh Municipalities Act, 1965 seeking his explanation as to why notice should not be confirmed. Since the said notice is only a preliminary notice, it is up to the petitioner to submit its explanation.

In the circumstances, this Writ Petition is disposed of giving liberty to the petitioner to submit its explanation to the notice dated 13.01.2012 and upon receipt of the same,

respondents 2 and 3 shall consider the same and pass appropriate orders in accordance with law within four (4) weeks thereafter. Till such time, no action for demolition of the stilt portion shall be taken. If the petitioner does not file any explanation, it is open to the respondents 2 and 3 to take appropriate action in accordance with law. No order as to costs.

Miscellaneous Petitions pending, if any, shall stand closed.

_______________________________ A.RAMALINGESWARA RAO, J 25.10.2016 MVA