HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.Nos.27826 and 29264 of 2010 COMMON ORDER: Both the Writ Petitions relate to the same subject viz., the construction of a building by P.Gopal Reddy (2nd Respondent in W.P.No.27826 of 2010 and petitioner in W.P.No.29264 of 2010). W.P.No.27826 of 2010 has been filed by R.Purushotham Reddy (hereinafter referred to as ‘Objector’) seeking to declare the action of the 1st Respondent i.e., Miryalaguda Municipality in not taking further steps pursuant to the orders dated 24-08-2010 for demolition of unauthorized constructions made by P.Gopal Reddy (hereinafter referred to as the ‘Owner-cum-Builder’). W.P.No.29264 of 2010 has been filed by the said Owner-cum- Builder challenging the order dated 24-08-2010. Both the Writ Petitions are disposed of by this common order. The Owner-cum-Builder obtained permission from the 1st Respondent vide Permission No.G/3193/MM/2010, dated 08-07-2010 for construction of cellar, stilt and five floors on a plot bearing No.17 situated in Block No.19 of Miryalaguda Municipality. It appears that the Owner-cum-Builder constructed the building to some extent deviating from the sanctioned plan. The 1st Respondent, therefore, issued Provisional Orders in UCR No.TPS-I/7/2010, dated 17-08-2010 pointing out the following deviations : “ As per Sanctioned As per constructed deviation (mt.) Plan (mts.) (mts.) 1) front (west) 6.00 4.11 + 7.62 1.89 & 2.20 mt. balcony covered 2) rear (east) 4.02 -- 4.02 3) side (north) 4.00 1.80 2.20 & 1.80 mt. balcony covered 4) side (south) 3.00 0.75 2.25 & 0.90 balcony covered 5) Tot-lot 2.99 mt.width 0.90 2.90 mt.” The said notice was served on the site engineer S.Nagi Reddy. As the Owner-cum-Builder failed to respond to the said notice dated 17- 08-2010 the impugned order dated 24-08-2010 was passed confirming the provisional order dated 17-08-2010 directing the demolition of the construction within three days. The Objector, who claims to be an Ex-Councilor of the Municipality, filed the aforesaid Writ Petition complaining that the Owner- cum-Builder is undertaking a massive construction without leaving any set backs and encroaching the public road. He complains that if the deviations are permitted to continue, the building would cause hardship to the neighbours. On the other hand, the Owner-cum-Builder in his Writ Petition would plead that he has not committed any major deviations and in fact the notice dated 17-08-2010 was not served on him. After hearing the matter for considerable time, Sri A.Pulla Reddy the learned counsel for the Owner-cum-Builder would submit that irrespective of the gravity of the deviations, the Owner-cum-Builder would undertake to rectify the deviations if reasonable time of six months is granted. That being so, there cannot be any objection to grant reasonable time to the Owner-cum-Builder. The provisions of Sections 228 of the A.P. Municipalities Act, 1965 provides for passing a provisional order requiring the owner or builder to demolish the work done or so much of it as in the opinion of the said officer, has been unlawfully executed or to make such alterations as may, in his opinion, be necessary to bring the work into conformity with the Act, Bye-laws, Rules, etc. Having regard to the said provisions of law and the submission made by the learned counsel to undertake such rectification, the Owner- cum-Builder shall be permitted to rectify the defects/deviations pointed out in Notice UCR No.TPS-I/7/2010, dated 17-08-2010 within a period of six months from today. The Owner-cum-Builder shall also undertake before the 1st Respondent that he should not undertake further construction nor allow the building to be occupied nor put to use until the rectification is made. If the petitioner does not comply and rectify the defects within the aforesaid stipulated time, the respondent No.1 is at liberty to implement the orders dated 24-08-2010. The Writ Petitions are accordingly disposed as above. No costs. ________________ NOUSHAD ALI, J. 20th December, 2010. skmr HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.Nos.27826 and 29264 of 2010 Date : 20-12-2010 W.P.No.27826 of 2010 Between : R.Purushotham Reddy .. Petitioner And Miryalaguda Municipality, Miryalaguda, rep. by its Commissioner, Miryalaguda, Nalgonda District and another .. Respondents And W.P.No.29264 of 2010 Between : P.Gopal Reddy .. Petitioner And Miryalaguda Municipality, Miryalaguda, rep. by its Commissioner, Miryalaguda, Nalgonda District and another .. Respondents