IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.20051 of 2008 Between: Smt Ch Anjamma W/o Ch Linga Reddy 6-3-48/A (Old) Kankadurga Temple Street Ramagiri Nalgonda District- 508001 ..... PETITIONER AND 1 The Commissioner Nalgonda Municilality Nalgonda Dist 2 The Regional Deputy Director Town and Country Planning Malakpet,Hyderabad 3 Neelgari Educational Society a registered partnership rep.by its Secretary Sri M.Nagender Reddy, S/o. Santosh Reddy, H.No.8-1-334 Kranthi Nagar Colony Nalgonda Town & District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ or order direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents Nos I&2 in not initiating any action against the 3rd respondent either to stop the illegal construction or to demolish the impugned structures raised by the 3rd respondent on the property bearing municipal No.6 3-022 situated at kanakadurga Temple street Ramagiri Nalgonda,Nalgonda dist in violation of Sanctioned plan vide permit No.G1/552/2007 dt 05-01-2008 as highly arbitrary illegal against the provisions of AP Municipalities act 1965 and building Bye laws and zonal Regulations and also violative of Article 14 of Constitution of India and consequently direct the respondents 1&2 to demolish the illegal construction being made by the 3rd respondent on the property. Counsel for the Petitioner:MR.P.SHIV KUMAR Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.20051 of 2008 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of respondent Nos.I and 2 in not initiating any action against the 3rd respondent either to stop illegal construction or to demolish the structures raised by the 3rd respondent in the property bearing municipal No.6-3-202 situated at Kanakadurga Temple street Ramagiri Nalgonda, Nalgonda District, in violation of the sanctioned plan vide permit No.G1/552/2007, dated 05-01-2008, as illegal and arbitrary. It is the case of the petitioner that she is the owner and possessor of the house bearing Municipal No.6-3-48/A (old), Kanakadurga Temple Street, Ramagiri, Nalgonda District, having purchased the same through registered sale deed, dated 01-07-1983. The 3rd respondent is the owner of her adjacent property, admeasuring 635 sq. yards, having purchased the same through registered Sale Deed, dated 05-10-2006. The 3rd respondent, after obtaining permission from the 1st respondent vide permit No.G1/552/2007, dated 05-01-2008, started construction contrary to the sanctioned plan and the following deviations are found in construction of the building. “i) Construction of cellar contrary to the sanctioned plan; ii) Constructing College building, while the approval was for residential building; iii) Stipulated setback of 3.50 mtrs., equivalent to 12 feet on all the sides of the building has not been left; iv) Encroachment towards road side to the extent of 6 feet, the area which was left for road widening; and v) Floor area being constructed is thrice to the sanctioned floor area.” It is further stated that though she made several complaints before respondents 1 and 2 about the said deviations, they have not taken any action so far. Hence, the writ petition. Though the 3rd was served with notice, it has not chosen to file any counter. The 1st respondent filed a detailed counter stating that the 3rd respondent obtained permission on 05-01-2008 for construction of stilt, ground + 3 upper floors for residential purpose. The deviations, which are mentioned by the petitioner, are incorrect. However, the following deviations are found in construction of the said building. “ As on ground, the following are the deviations. The present RCC pillars and slab structures were only completed. There is no superstructure with brick. As per plan 3.5 mtrs setback has to maintain on four sides. As per the ground, the following set backs are maintained. (i) West Side: The existing pillar (2.15, 1.75, 1.30) was existing i.e., 1.73 mts. is the average set back. (ii) East Side: The new pillar was existing at distance of 1.32 and 1.25 mts i.e., average 1.28 mts. (iii) North Side: The new pillar was existing at distance 1.35 and 1.80 i.e., average 1.57 mts. (iv) South Side: The existing 10 mts wide road. As per norms 2.19 mts effecting for road and 3.5 mts is the set back but there is only 3.75 mts from road boundary to new pillar.” It is further stated that pursuant to the complaint made by the petitioner, proceedings under Sections 217 and 228 (1) and (2) of A.P.M.Act were initiated against the 3rd respondent and the same are pending under consideration. In the light of the aforesaid proceedings initiated by the 1st respondent against the 3rd respondent, pursuant to the complaint made by the petitioner, this court is of the view that it is just and proper to direct the 1st respondent to hear the petitioner and the 3rd respondent and pass appropriate orders in accordance with law. Accordingly, the writ petition is disposed of directing the 1st respondent to hear the petitioner and the 3rd respondent and pass appropriate orders in accordance law, within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ___________ 25-11-2008 Prv ….... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}