HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.23315 OF 2010 ORDER: This writ petition is filed under Article 226 of the Constitution of India to declare the action of the 1st respondent in not taking action against the illegal construction of the building by the 2nd respondent in total deviation of approved building plan as illegal and arbitrary and consequently direct the 1st respondent to take action for removal of illegal construction of the building bearing Door No.12/423, situated at Narayanaraopet, Nellore town. 2. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the 1st respondent. 3. The case of the petitioner may be stated as follows: It is stated that the petitioner and another purchased the house bearing Door No.425 in ward No.12 situated at Narayanarao pet, Nellore town, SPSR Nellore District under a registered sale deed dated 23.8.1995 and they have been residing in the said house. The 2nd respondent started construction of a building on 25.3.2010 in the premises bearing Door No.12/423 leaving about 3/4th to 1 feet gap from the compound wall. The petitioner applied to the 1st respondent under Right to Information Act, 2005 for the approved building plan of the 2nd respondent and got the same, as per which the 2nd respondent was permitted to construct stilt floor, ground floor, first floor and second floor with necessary set backs on all sides of the building. However the 2nd respondent started constructing the building violating the said approved plan. The petitioner has submitted a representation to the 1st respondent requesting to take necessary action against the 2nd respondent. As no action has been taken by the 1st respondent, the petitioner has filed the present writ petition. 4. The 1st respondent corporation has filed a detailed counter affidavit inter alia stating that the 2nd respondent has laid slabs to stilt floor, ground floor, first floor and second floor in deviation of the sanctioned plan and constructed brick work without plastering and third floor unauthorisedly, that the 1st respondent corporation has demolished and put holes to the third floor slab, that the action will be initiated as per the provisions of the Act for construction of stilt floor, first floor and second floor. 5. The 2nd respondent also filed a counter affidavit stating that the petitioner, who is the neighbour, is creating hurdles to develop his property and that having failed to get injunction in the suit filed by him, the petitioner filed the present writ petition, that he has obtained permission on 2.12.2009 to construct the stilt + three floors and accordingly started construction of laying foundation stone and that no notice was given to him before obtaining any orders against the constructions made by him and hence he prays to dismiss the writ petition. 6. As seen from the counter affidavit filed by the 1st respondent corporation, it is clear that the 2nd respondent has constructed the 3rd floor without there being any approved sanctioned plan. Even the 2nd respondent who filed the counter affidavit, has not filed any sanctioned plan for constructing the third floor. After giving a notice to the 2nd respondent, the 1st respondent corporation has made holes on the third floor slab, so as to enable them to demolish the structures thereon. It is further stated that there are certain deviations as against the sanctioned plan in making constructions by the 2nd respondent. The 2nd respondent is not supposed to construct the building in deviation of the sanctioned plan and is supposed to construct the building in accordance with the approved plan. 7. As seen from the counter affidavit filed by the 2nd respondent which has been denied by the 1st respondent, would clearly go to show that there are certain deviations in making constructions on the 3rd floor. But, at the same time, those deviations have to be removed after giving a notice and reasonable opportunity to the 2nd respondent for submitting his explanation, in accordance with law. 8. In view of the above, the Writ Petition is disposed of directing the 1st respondent to take appropriate action against the 2nd respondent with regard to the illegal constructions made on the 3rd floor of the subject premises and also with regard to the deviations made by him after giving reasonable opportunity to the 2nd respondent in accordance with law. No order as to costs. _______________ K.C.BHANU,J. 01.11.2011, Gk. HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.23315 OF 2010 Date:01.11.2011 Gk.