THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.22624 of 2009 ORDER: The petitioner owns a plot of land bearing house No.3- 16C-17/A in Ward No.6, Block No.3, T.S.No.2262/3 of Godarigunta Village, Shantinagar, Kakinada. Earlier, there existed a thatched shed. With a view to construct a pucca building thereon, the petitioner claims to have submitted an application, together with the plan certified by a licenced Architect. On the basis that no action has been taken thereon, the petitioner proceeded with the construction. On noticing that the construction was made without sanctioned plan, the respondent issued a notice, dated 25.09.2009, requiring the petitioner to remove the construction. The petitioner challenges the same. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent. It is not in dispute that the petitioner was not accorded any sanction for making construction on the site. The record does not support the plea of the petitioner that a deemed permission has accrued to her. The Andhra Pradesh State Legislature has amended the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) through Act 9 of 2008 by inserting Section 455-A. It empowers the Commissioner of the Municipal Corporation to regularise a building which is constructed without permission. Three conditions are stipulated, namely, (i) the owner of the building submits a plan and pays relevant fees and charges, (ii) the building is modified to accord with the parameters prescribed under the master plan, building bye-laws etc., and (iii) the applicant also pays 33% over and above various categories of fees and charges. The petitioner can avail the facility created under Section 455-A of the Act. Hence, the writ petition is disposed of, leaving it open to the petitioner to submit an application seeking benefit under Section 455-A of the Act, duly paying the relevant fee, within four (4) weeks from today. As and when such application is received, the respondent shall process the same, duly ensuring that the construction made by the petitioner accords with the prescribed norms and bye-laws. Till such time, the building shall not be demolished. It is, however, made clear that in case the petitioner fails to submit the application, duly paying the relevant fee and furnishing an undertaking to remove the offending structures within four weeks from today, it shall be open to the respondent to proceed on the basis of the impugned notice. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:22.10.2009 kdl