IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No18800 of 2000 Between: ..... PETITIONER AND .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to Counsel for the Petitioner:MR.P.SRIDHAR REDDY Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following: Form-NIC-OGS/WP{ } THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.18800 of 2000 O R D E R: The case of the petitioner is that he is the owner of the plot No.18, bearing Door No.24-II/116-1 situated at Shantinagar, Nellore Town and the 2nd respondent is the owner of the open plot bearing Nos.33 and 34 which is situated opposite to the building of the petitioner at Shantinagar of Nellore Town. It is stated that abutting the plot of the 2nd respondent, Government poramboke land is situated and the 2nd respondent obtained permission for construction of residential house consisting of ground and first floor in proceedings No.B.A.71/B-3/2000, dated 02.06.2000. But the 2nd respondent, contrary to the permission, started construction without leaving the side open spaces as mentioned in the approved plan. Therefore, it is stated that the 2nd respondent and her agent the 3rd respondent started raising multi-storied building on the backside of the plot proposing to construct 16 apartments contrary to the approved plan, and therefore, the Nellore Shanthinagar Welfare Association filed suit being O.S.920/2000 on the file of the 1st Additional Junior Civil Judge, Nellore against respondents 2 and 3 and obtained ad-interim injunction in I.A.885/2000 on 04.09.2000. It is further stated that an advocate commissioner was also appointed in the said suit and he filed a report about the construction made by the respondents 2 and 3, deviating the sanctioned plan. Therefore, the petitioner filed the present writ petition seeking to issue a Writ of Mandamus, directing the 1st respondent-Commissioner, Nellore Municipality to stop the construction of the building in plot Nos.33 and 34 as the construction of the building is contrary to the sanctioned plan. A counter has been filed stating that the Nellore Municipality approved the building plan vide B.A.No.71/2000/G3, dated 03.06.2000 in favour the 2nd respondent for construction of building in plot Nos.33 and 34, Shantinagar Nellore with ground plus first floor only, and the lay out was also approved in L.P.No.1/67 for construction of the building. It is admitted that respondents 2 and 3 have constructed building in deviation of the approved plan of B.A.No.71/2000/G3 by leaving rear side open space of 2’-06” instead of 10 feet South-West corner, 7 feet and on the South-East corner and by leaving 5 feet side open space on western side instead of leaving 10 feet as shown and proposed in approved plans. The plinth measurements of the construction on ground is 16.76 Mtrs. X 27.43 Mtrs. as against the approved pinth of 15.24 Mtrs. X 26.22 Mtrs. with excess plinth area of 60.14 sq.mtrs. It is further stated that in fact the suit filed by the Association was dismissed for default on 24.10.2005. It is stated that the municipality initiated action for removal of the deviated structures by issuing a notice under Sec.217(1 & 2) of A.P.Municipalities Act, 1965 (hereinafter referred to as ‘the Act’), dated 13.09.2000 not to proceed with the construction in deviation of the approved plan and as the respondents 2 and 3 have not stopped the construction, the Municipality removed the violated portions of the plinth beam on the western side portion of the building on 02.10.2000. Thus it is stated that the Municipality has already taken appropriate action. Having regard to the facts of the case, though the Municipality has already taken appropriate action, but however, they have again issued a notice in U.C.No.10/2000 dated 18.10.2000 under Sec.217(3) of the Act and it is not known the result of the said notice. It is stated that the Municipality is waiting for the orders of this Court. As the respondents 2 and 3 are not entitled to construct the building contrary to the sanctioned plan, and if there is any deviation committed by respondents 2 and 3, it is open for the 1st respondent to take appropriate action. Having regard to the facts of the case, the Writ Petition is disposed of, directing the 1st respondent-Commissioner, Nellore Municipality to take further action pursuant to the notice issued by it dated 18.10.2000 under Sec.217 (3) of the Act. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 04.07.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies