THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.3762 of 2006 Date: 18.03.2011 Between: B. Chitti Apparao … Petitioner and The Visakhapatnam Municipal Corporation, rep.by its Commissioner, Visakhapatnam. … Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.3762 of 2006 ORDER : Heard Sri G. Rama Gopal, learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondent-Visakhapatnam Municipal Corporation. 2. This writ petition has been filed to declare the action of the respondent-Corporation in seeking to demolish the construction of the building made by the petitioner inspite of receiving the statutory notice under Section 437 of the Hyderabad Municipal Corporation Act, 1955 (for brevity “the Act”), as arbitrary and illegal and consequently sought a direction to the respondent-Corporation not to demolish the said building. 3. The petitioner claims to be the absolute owner of the house property bearing Door No.4-72-10, situated near Santhi Ashram, Lawsons Bay Colony, Visakhapatnam. The said property was assessed vide Municipal Assessment No.39000/2068. In order to construct a new building in the place of old building, the petitioner submitted an application dated 26.9.2005 to the respondent- Corporation seeking permission for such construction. As the respondent-Corporation did not respond to the said application, the petitioner issued a notice dated 7.11.2005 to the respondent- Corporation informing that he would undertake construction. Even after receipt of the said notice, as there was no response from the respondent-Corporation, as postulated under Section 437 of the Act, the petitioner proceeded with the construction and completed the same. Though the construction was made strictly in accordance with the rules and the application submitted to the respondent-Corporation, as the respondent-Corporation threatened to demolish the said building even without notice, the petitioner filed the present writ petition for the aforesaid relief. 4. As seen from the aforesaid facts, which are not denied, it is evident that the petitioner approached the respondent-Corporation seeking permission to undertake construction of a new building in place of old building. Having waited for a considerable time, he made construction in terms of the provisions of Section 437 of the Act, which provides that if, within thirty days after receipt of any notice under Section 428 or 433, the Commissioner fails to intimate in writing the applicant his dis-approval of the building or within the said period the Commissioner signifies in writing his approval of the said building or work, the applicant may at any time within one year from the date of the delivery of the notice to the Commissioner proceed with the said building or work in accordance with the intention as described in the notice, but however, he shall not contravene any of the provisions of the Act or any bye-law made thereunder. In view of the said provision, the construction made by the petitioner cannot be faulted. 5. From the said provision, it is also evident that even if a construction is made, the same shall comply with the provisions of the Act and the bye-laws made thereunder. This being the statutory condition, which the petitioner should comply, the respondent- Corporation is always at liberty to verify whether such construction has been made in accordance with law and if it is found that any deviation has taken place, it is always permissible for the respondent-Corporation to take action in that regard. 6. Subject to the said liberty to the respondent-Corporation, this writ petition is disposed of directing that the respondent-Corporation is not entitled to demolish the construction of the building made by the petitioner except for violation of the provisions of the Act or the building construction rules and by following the due process of law. No order as to costs. _________________________ JUSTICE NOUSHAD ALI 18.03.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.3762 of 2006 18.03.2011 (Msr)