THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.7322 of 2010 ORDER: The petitioner claims to be the owner of 1100 square yards of land in Survey No.54/2B of Chinagadili Village, Visakhapatnam District. It is stated that there is an old house and a compound wall enclosing it. His grievance is that the officials of the respondent- Corporation have come to the site on 29.03.2010 and attempted to demolish the structures without issuing any notice under the relevant provisions of law. Learned Standing Counsel for the Corporation obtained instructions. According to him, the attempt of the petitioner to construct a compound wall without permission is thwarted and that if demolition becomes necessary, they would issue notices under the relevant provisions of the Hyderabad Municipal Corporation Act (for short ‘the Act’). Heard the learned counsel for the petitioner and the learned Standing Counsel for the Corporation. The petitioner asserts that there exists an old house in the site and a compound wall enclosing it. According to him, certain repairs have been caused to the compound wall, since it has become old. The respondent on the other hand asserts that the petitioner is constructing a new compound wall under the guise of repairs. The Act, which applies to the respondent herein, prescribes the procedure to be followed, whenever any obstruction to the construction is to be removed. Initially, a notice under Section 452 of the Act is to be issued and if the corrective steps are not taken, a final notice under Section 636 of the Act is to be issued. This Court cannot decide as to whether the work said to have been undertaken by the petitioner is for the repair of the compound wall or for construction of a new one. This much however can be said that the petitioner cannot undertake any new construction, except with the specific permission and the respondent on the other hand cannot demolish the premises without issuing notice under the relevant provisions of law. Therefore, the writ petition is disposed of directing that the respondent shall not demolish any structures existing upon the site of 1100 square yards in Survey No.54/2B of Chinagadili Village, Visakhapatnam District without issuing notice under the relevant provisions of law and the petitioner shall not make any construction without obtaining specific permission from the Municipal Corporation. There shall be no order as to costs. __________ 16.04.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.7322 of 2010 Date: 16.04.2010 JSU