IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 7240 of 2005 Between: Smt. Adusumilli Anantalakshmi, W/o. Ramesh, R/o. Dr. No. 44-24-17/A, Railway New Colony, Visakhapatnam. ..... PETITIONER AND The Municipal Corporation of Visakhapatnam, Rep. by its Commissioner, Visakhapatnam. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to declare the actionof the Respondent in attempting to remove the flat form/cover over the municipal drain, which is the only access to the municipal road situated towards south of the house of the Petitioner bearing Dr.No. 44-24-17/A, Railway New Colony, Visakhapatnam as illegal and arbitrary and contrary to Section 316 of the Hyderabad Municipal Corporation Act by issuing A Writ, Order or Driection more particularly one in the nature fo Wri tof Mandamus consequently direct the Respondent to refrain from interfering with the flat form constructed towards south of the house bearing Dr.No. 44-24-17/A, Railway New Colony, Visakhapatnam, in the interest of justice and to pass such other or further orders as this Honourable Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.G.RAMA GOPAL Counsel for the Respondent : MR.N.RANGA REDDY FOR R IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 12032 of 2005 Between: Chatla Jagannadha Reddy, S/o. Ch. Raja Reddy, R/o. # 39-33-41, Madhavadhara VUDA Colony, Visakhapatnam. ..... PETITIONER AND Visakhapatnam Municipal Corporation, Rep by its Commissioner, Tenatibhavan, Asheelmetta Junction, Visakhapatnam. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to pass an order or orders or writ more particulalry one in the nature of Writ of Mandamus declaring the action of the intended demolition of the petitioner's building particularly the upper most unit, situated in Plot No. MIG - 61, Survey No. 3P, Madhavadhara, Ward NO. 41 within the limits of Municipal Corporation, Visakhapatnam, as illegal, arbitrary and oppose to law and pass such other order or orders as this Hon'ble Court may deems fit and proper Counsel for the Petitioner:M/SC.KODANDA RAM Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) HON’BLE SRI JUSTICE V. ESWARAIAH WRIT PETITION NOS. 7240 AND 12032 OF 2005 COMMON ORDER: Both the petitioners in these two Writ Petitions seek to issue a Writ of Mandamus declaring the action of the Visakhapatnam Municipal Corporation, on their intended action to demolish the building of the petitioner in W.P.No. 7240 of 2005, bearing Door No. 44-24- 17/A, Railway New Colony, Visakhapatnam and Plot No. MIG-61, Survey No. 3P, Madhavadhara, Ward No. 41 within the limits of Municipal Corporation, Visakhapatnam of the petitioner in W.P.No. 12032 of 2005, as illegal and without due process of law. This Court granted interim direction not to demolish the part of the building pending disposal of the Writ Petitions. Counter affidavits have been filed stating that the petitioner in W.P.No. 7240 of 2005 constructed a wall unauthorisedly in the Municipal drain and laid slab over the drain to have an access from the Municipal road to his building and also causing obstruction for the free flow of the sullage and storm water due to materials like, used plastic bottles, cloths, etc., by means of which the water used to be overflowed by blocking drain and enters into the neighboring houses and roads. Therefore, appropriate action has been taken for removal of the said wall constructed in the middle of the municipal drain, supporting the slab. In the other matter in W.P.No. 12032 of 2005, it was stated in the counter affidavit that the petitioner therein deviated the approved plan without prior approval of the Corporation. In view of the above, I am of the opinion that the petitioners have encroached upon the road margin structures, canals and deviated the sanction plan while making construction. Therefore, it is always open for the Corporation to issue notice calling upon them to remove the unauthorized structures, encroachments and if they fail to do so by submitting any appropriate explanation, it is open for the respondent to demolish the illegal and unauthorized structures. However, without following due process of law, it may not be just and proper to demolish the structures. Having regard to the facts and circumstances, both the Writ Petitions are disposed of directing the respondent-Corporation to take appropriate action by following due process of law. No order as to costs. ____________________ V. ESWARAIAH, J Date: 25.03.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To The Municipal Corporation of Visakhapatnam, Rep. by its Commissioner, Visakhapatnam. 2. 2CCs to G.P. for Municipal Administration, High Court of A.P. , Hyderabad. 3. 2CD copies