THE HONOURABLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO. 20282 OF 2007 DATED:24-09-2007 Between: I.L.Narasa Rao and another … Petitioners And : Greater Visakhapatnam Municipal Corporation, Visakhapatnam and another … Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO. 20282 OF 2007 ORAL ORDER The writ petition is filed alleging that the respondents are attempting demolition of the structures executed by the petitioners in a site of an extent of 417 square yards in plot No.HIG 89 in Sy.No.19, Ward No.24, situated at Vuda Lay Out, Phase-II, Peda Gantyada, Gajuwaka Mandal, Visakhapatnam District. According to the petitioners, the building plan submitted by them was approved by a proceedings dated.11-12-2006 of the 1st respondent permitting construction of a stilt floor for parking, ground floor + three upper floors. The petitioners assert to be proceeding with the construction only in accordance with the approved plan. While so it is alleged, without any notice under Section.452 or 636 of the Hyderabad Municipal Corporation Act, 1955 (as is applicable to the 1st respondent-Corporation), the authorities of the 1st respondent approached the property on 22-09-2007 proposing demolition along with a demolition squad. In the circumstances the writ petition is filed. The learned Standing Counsel for the 1st respondent Sri N.Ranga Reddy submits that the respondents cannot and will not pursue demolition without following the due process of law namely under Sec. 452 or 636 of the Hyderabad Municipal Corporation Act, 1955. It is however submitted that the respondents are statutorily obligated to restrain any person from making deviant constructions and contrary to the sanctioned plan. In the light of the averments made on behalf of the respondents, the writ petition is disposed of at the stage of admission directing the respondents not to resort to demolition in the petitioners’ premises without following the due procedure and issuance of notice under Section.452 or 636 of the Hyderabad Municipal Corporation Act, 1955. However, if there be any deviations in the construction by the petitioners the respondents shall forthwith inspect the premises and shall stop further construction. For demolition however, the respondents shall follow the procedure indicated above. In the circumstances there shall be no order as to costs. _________________ GODA RAGHURAM,J 24th SEPTEMBER 2007 Note: Issue CC As soon as Possible (B/O) *TSNR