HON’BLE SRI JUSTICE V.ESWARAIAH C.C.NO.1201 OF 2010 Dt.22.10.2010 Between: S.Aruna Rani Devi ..Petitioner And N.V.Vishnu, IAS, Commissioner, The Greater Visakhapatnam Municipal Corp. Visakhapatnam and others ..Respondents HON’BLE SRI JUSTICE V.ESWARAIAH C.C.NO.1201 OF 2010 ORDER: The contempt case is filed by the petitioner complaining that the 1st respondent Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, has wilfully violated the orders of this Court in W.P.No.10949 of 2010, dated 5.5.2010. It is the case of the petitioner that the petitioner is the owner of the building bearing D.No.49-44-28, Lalitha Nagar, Dondarparthi, Visakhapatnam, consisting of ground + 4 floors which was constructed as per the approved plan. It is stated that the petitioner also constructed 5th floor without permission and for regularization of the 5th floor, she filed application under Building Penalization Scheme (B.P.S) on 26.7.2008. Pending the said application, the 5th floor is sought to be demolished and therefore the said writ petition was filed which was disposed of directing the respondent not to demolish the building of the petitioner until and unless her B.P.S application is finalized and disposed of. It is stated that contrary to the said order, the 5th floor was demolished. Counter affidavit has been filed by the first respondent contending that the Government introduced Building Penalization Scheme permitting the local bodies to penalize the unauthorized constructions and deviated portions made between 1.1.1985 and 15.12.2007. It is stated that pursuant to B.P.S application of the petitioner, the subordinate officials of the first respondent inspected and noticed that the 5th floor does not exist and returned the B.P.S application on 19.4.2010. Without disclosing the return of the said application on 19.4.2010, the petitioner approached this Court and obtained the aforesaid orders on 5.5.2010. It is stated that since the petitioner unauthorizedly raised columns for 5th floor, the subordinate officials of the first respondent demolished the unauthorized columns departmentally on 14.5.2010. Since the B.P.S application is not at all pending, it cannot be said that the demolition of unauthorized columns on 14.5.2010 is in violation of the orders of this Court. No reply has been filed by the petitioner. The only unauthorized constructions and deviated portions made between 1.1.1985 and 15.12.2007 are only permitted to be regularized/penalized under the Scheme, but not with regard to the subsequent constructions. As the B.P.S application itself is not pending, it cannot be said that the respondents have wilfully violated the orders of this Court. It is stated that in fact contrary to the objections raised by the flat owners, the 5th floor is sought to be made by the petitioner builder as four floors were constructed long back and under the guise of B.P.S application, the petitioner sought for construction of the 5th floor. However, as the B.P.S application was returned on 19.4.2010, it cannot be said that during the pendency of the application, the columns were demolished. The contempt case is without any merit and the same is accordingly dismissed. _________________ V.ESWARAIAH, J. 22.10.2010 kpr