B.Lakshmi Bala v. State Of Andhra Pradesh,
HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 13464 of 2012 Order:
The petitioner claims that she is the absolute owner and possessor of house bearing Door No.5-7-1/C, situated in Chittinagar Junction area, Frizerpeta, Vijayawada. She states that she purchased the property from one Mohd. Ameenuddin under a registered sale deed dated 11.03.1997. While so, the second respondent issued a notice on 30.01.2012 in exercise of the powers conferred under Sections 405 and 406 of the Hyderabad Municipal Corporation Act, 1955 (for short 'the Act') directing the petitioner to remove the constructions within seven days. The petitioner states that the said notice was issued without issuing any show cause notice and further states that challenging the very same notice she earlier filed W.P.No.3337 of 2012 and the said writ petition was allowed by setting aside the notice by order dated 08.02.
2012 and the present notice dated 26.04.2012 was issued with a direction to remove the structures. After receipt of the notice, the petitioner brought it to the notice of the second respondent Corporation about the disposal of the earlier writ petition and in spite of the same when the officers of the second respondent visited the site on 05.05.2012 the present Writ Petition was filed.
A counter affidavit is filed by the second respondent stating that in continuation of the notice dated 26.04.2012, which is challenged in the present writ petition, as per the orders of this Court in W.P.No.13464 of 2012 issued another notice on 19.06.2012 and though the petitioner received the said notice but she did not furnish the required information. It is also stated that necessary steps are being taken for widening the road from Chittinagar to Yerrakatta in Phase-I and to widen the existing
road to 10 feet on either sides of the R & B bypass road. The Town Surveyor surveyed the properties and the property alleged to have been belonging to the petitioner was found to be constructed in the Government land. As per the municipal records and master plan the property belongs to the Government and the constructed area of the petitioner is on the encroached portion of the Government land. The petitioner did not produce any document in support of her title and the approved building plan etc.
The petitioner filed a reply reiterating the averments made in the affidavit filed in support of the Writ Petition. A perusal of the impugned notice shows that the petitioner encroached an extent of 15.4 feet in Chittinagar area and the municipality wanted to widen the road as per Zonal Development Plan at Chittinagar Junction. The petitioner was asked to remove the constructions within seven days. This Court by order dated 11.05.2012 granted interim stay, as a result of which no further action might have been taken. In the circumstances, the Writ Petition is disposed of giving liberty to the petitioner to submit the documents of title, building plan and other relevant material, if any, to the second respondent within a period of two
(2) weeks from the date of receipt of a copy of this order and upon receipt of the same the second respondent shall take necessary action in accordance with law. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
____________________________ A. RAMALI NGESWARA RAO, J Date: 06.12.2016 Nsr