THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.27589 of 2005 Date: 03.03.2011 Between : Gali Ramakrishna and others. .… Petitioners and The Municipal Corporation of Vijayawada, Vijayawada, Krishna District, Rep.by its Commissioner. …. Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.27589 of 2005 ORDER : Apprehending that the respondent-Corporation would demolish the constructions made by them without notice and without following due process of law, the petitioners have filed this writ petition. 2. The petitioners claim to be the owners of the premises bearing Door No.26-9-23, Ward No.17, Revenue Ward No.8, Block No.30, N.T.S. Gandhi Nagar, Ramarao Street, Vijayawada. They obtained permission for construction of Basement + Ground + 2 Floors on the said premises. However, by deviating the sanctioned plan, the petitioners have constructed Cellar + Ground + 3 Floors without leaving the required set backs and Floor Area Ratio. The grievance of the petitioners is that even if there are any violations or deviations of the sanctioned plan, the respondent-Corporation cannot straight away demolish the constructions without following the basic principles of issuing notice and opportunity. 3. A counter affidavit has been filed by the respondent- Corporation stating that the permission was granted to the petitioners for construction of only Basement + Ground + 2 Floors, but the petitioners have constructed cellar, ground and 1st, 2nd and 3rd floors also with deviations. It is also stated that on considering the application made by the petitioners for regularization of the said unauthorized constructions, the respondent-Corporation approved the proposal for regularization of the same, subject to certain conditions, more particularly on condition that the Cellar portion should be restored exclusively for parking purpose. It is further stated that the petitioners are not entitled to make any construction in the Cellar portion, therefore, the respondent-Corporation is entitled to take appropriate action as per law. 4. Heard Sri O.Manohar Reddy, learned counsel appearing for the petitioners as well as Smt. G. Jhansi, learned Standing Counsel appearing for the respondent-Municipal Corporation of Vijayawada. 5. It is needless to say that no person can make any construction except by obtaining due permission. In the instant case, it appears that some unauthorized constructions were made by the petitioners, which are said to have been subsequently regularized subject to certain conditions. However, insofar as the Cellar portion of the subject premises, which is exclusively meant for parking purpose, the petitioners are not entitled to make any construction and they are liable to restore the same for parking. If the petitioners have not done so or rectify any other deviations, it is needless to mention that the respondents are competent to take appropriate action only after putting the petitioners on notice. 6. Hence, before initiating any action for removal of unauthorized constructions and restoration of the Cellar portion for parking, the respondent-Corporation is directed to put the petitioners on notice and take appropriate action in accordance with law. 7. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 03.03.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.27589 of 2005 03.03.2011 (Msr)