IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.21113 of 2008 BETWEEN: M/s.Sravan Constructions (P) Ltd., rep. by Its Managing Director, Tirupathi, Chittoor District …Petitioner AND The State of Andhra Pradesh, Rep. by its Secretary to Government, Municipal Administration Department, Secretariat, Hyderabad. And another. …Respondents The Court made the following: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.21113 of 2008 ORDER: The petitioner is a construction company having its activity at Tirupathi, Chittoor District. It had obtained permission from the Tirupathi Urban Development Authority in the year 1998 to construct a multi-storied complex in T.S.No.460 (Part), Bhavani Nagar, Tirupathi, and constructed ground plus four upper floors. According to the petitioner, parking was provided in the ground floor for as many as 54 cars and 40 two-wheelers, apart from provision for seven guest cars. It is stated that in the open place that is available after providing amenities to the inmates, a room was constructed to house a generator and a small room for other allied purposes without causing any obstruction. The grievance of the petitioner is that the Municipal Corporation, Tirupathi – the 2nd respondent herein, issued a notice under Sections 441, 443, 461 to 463 and 636 of the Hyderabad Municipal Corporation Act, 1955, proposing to demolish the room. The petitioner contends that the application filed by it for regularization of parking was pending with the respondents. Heard Sri D.Seshadri Naidu, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and learned Standing Counsel for the 1st respondent. It is not in dispute that entire ground floor of the complex constructed by the petitioner was shown as parking area. No other structure is permissible in it. Though the petitioner states that a small room to house a generator and another for allied purposes was constructed, the respondents contends that the petitioner has drawn in to existence a very big structure and is running an office in it. It is impermissible for the builder of the multi-storied complex to make construction in the parking area. Apart from that, this Court has taken a serious exception for the inaction on the part of the Municipal Corporations in the State in remaining oblivious to such violations. The petitioner is not supposed to put the parking area to any other use. No exception can be taken to the impugned notice. The writ petition is, accordingly, dismissed. However, the petitioner is granted time of one month from today to remove the structure so constructed in the parking area. If he fails to do so, it shall be open to the 1st respondent to remove the structure after 15.01.2010. There shall be no order as to costs. _________________________ JUSTICE L. NARASIMHA REDDY December 15, 2009 BVV