THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29573 of 2010 Date: 07.04.2011 Between: Komatineni Sireesha and others. … Petitioners and The Government of A.P., rep. by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29573 of 2010 ORDER : Heard Sri Unnam Muralidhar Rao, learned counsel appearing for the petitioners as well as the learned Government Pleader for Municipal Administration appearing for respondent Nos.1 and 2, learned Standing Counsel for 3rd respondent-Nellore Municipal Corporation and also Sri L. Narasimha Rao, learned counsel appearing for respondent Nos.4 and 5, and with their consent, the writ petition is being disposed of at the admission stage. 2. Aggrieved by the action of respondent Nos.1 to 3 in not taking action as regards the illegal constructions said to have been made by respondent Nos.4 and 5, the petitioners have filed the present writ petition. 3. Respondent Nos.4 and 5 are said to be the owners of Plot Nos.10 and 11, situated at C.A.S. No.566/part, 566/B, forming part of L.P.No.57/91, Ward No.24-1, Sujathamma Colony, Behind LIC Office, Dargamitta, Nellore District. They obtained permission vide permit No.355/08/G, dated 18.11.2008 for construction of stilt, ground and four floors and constructed apartments in the name and style of “S.B.R. Dream Homes” in the said plots. The petitioners claim to be the owners of the flats in the said apartments. However, respondent Nos.4 and 5 have undertaken construction of pent house in the 5th floor illegally and contrary to the sanctioned plan. The petitioners, therefore, made a complaint to the 3rd respondent- Corporation for taking action. As the said complaint did not evoke any response, they have filed the present writ petition for the aforesaid relief. 4. This Court, while ordering notice before admission on 26.11.2010, directed the 3rd respondent-Corporation to depute a senior officer to inspect the premises and take necessary steps to prevent any unauthorized or illegal constructions being made by respondent Nos.4 and 5. 5. A counter affidavit has been filed by the 3rd respondent- Corporation stating that in pursuance of the orders passed by this Court, the Town Planning Officer inspected the premises and prepared a report on 6.12.2010. As per the said report, respondent Nos.4 and 5 have constructed a pent house on the 5th floor with RCC structures and the same is in an unfinished stage. It is also stated that a notice under Section 452/461 of the Municipal Corporation Act, 1955 (for brevity “the Act”) was issued to the 5th respondent on 24.7.2010 requiring her to stop the unauthorized construction. As the 5th respondent did not comply with the said notice, another notice under Section 636 of the Act was issued on 14.10.2010 for removal of the said unauthorized construction within three days. Finally, it is stated that immediately after noticing the unauthorized constructions made in the 5th floor, steps have been taken for removal of the same. 6. Sri L. Narasimha Rao, learned counsel appearing for respondent Nos.4 and 5 would, however, submit that respondent Nos.4 and 5 have applied for regularization of the said unauthorized structures by availing the B.P.S. scheme. 7. At this stage, we are not concerned with the application said to have been made by respondent Nos.4 and 5 for regularization of the unauthorized constructions. It is for them to pursue the said application for regularisation. Evidently, respondent Nos.4 and 5 have undertaken construction on the 5th floor without permission and the 3rd respondent-Corporation has already initiated action by issuing notices for removal of the said structures. Inasmuch as the 3rd respondent-Corporation has already issued notices, it shall proceed further and take appropriate action. 8. Subject to the above observation, the writ petition is disposed of. No order as to costs. _________________________ JUSTICE NOUSHAD ALI 07.04.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29573 of 2010 07.04.2011 (Msr)