APHC010324152024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 16382/2024 Between: R Sreenivasulu and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. M/S INDUS LAW FIRM Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. J DILEEP KUMAR 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ of Mandamus or any other appropriate writ, order, or direction declaring the action of the Respondents 3 & 4 In failing to enforce the building permit conditions more particularly in respect of Building Permit Order No.1031/1596/B/NM C/ISK/2023 dated 26.09.2023 issued to the Respondents 5 & 6 towards construction of building in Plot No.6, Iskon City, admeasuring 238.22 Sq.yards in Sy.No.330/b1, 330/b2, 350/1, Kondayapalem Village within the limits of Nellore Municipal Corporation as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India and to consequently direct the Respondents 3 & 4 to take necessary actions against Respondents 5 & 6 for the illegal construction of a commercial building in Iskon City, Nellore contrary to the approved residential building permit and zoning regulations and pass…” 2. The brief facts of the case are that the petitioner No.1 is the owner and possessor of the Plot No.5, Street No.1, Iskon City, admeasuring 273.33 Sq. yards in Sy.No.330/b1, 330/b2, 350/1, Kondayapalem Village, within the limits of Nellore Municipal Corporation and the remaining petitioners are the residents of the 1st street, Iskon City. While the matter being so, the respondent Nos.5 and 6 owned the Plot No.6, 1st Street, Iskon City, admeasuring 238.22 Sq. yards in Sy.No.330/b1, 330/b2, 350/1 and had applied for building permission for construction of a residential building. Pursuant to the said application, the respondent No.3, vide Building Permit order No.1031/1596/B/NMC/ISK/2023, dated 26.09.2023, granted permission for a residential building with G+2 floors. In spite of the same, the respondent Nos.5 and 6 in deviation to the building permission dated 26.09.2023, had erected a commercial building consisting of five (05) floors with a cellar, which exceeds the permissible heights and also failed to maintain the required setbacks. Alleging the same, the petitioners had submitted a representation dated 14.06.2014. But, no action has been taken by the respondent No.3 against the illegal construction made by the respondent Nos.5 and 6. Aggrieved by the inaction of the official respondents, the petitioners had filed the present writ petition. 3. Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development appearing for the respondent Nos.1 and 2, Sri A.S.C.Bose, learned Standing Counsel appearing for the respondent Nos.3 and 4, Sri J.Dileep Kumar, learned counsel appearing for the respondent Nos.5 and 6 and perused the material available on record. 4. Today when the matter came up for hearing, learned Standing Counsel appearing for the respondent Nos.3 & 4 has furnished a copy of instructions dated 08.01.2025, issued by the Deputy City Planner, Nellore Municipal Corporation, wherein it is stated that in pursuance to the complaint raised by the petitioners on 14.06.2014, the staff of the respondent authorities had inspected the constructions made by the respondent Nos.5 and 6 and found that the un-official respondents Nos.5 & 6 had constructed a cellar+Ground+4 upper floors, which is in deviation to the approved plan and as such the respondent-office had issued notice vide Notice No.03/2024/NMC/WPRS-69, dated 19.07.2024 to the building owners i.e., the un-official respondents Nos.5 & 6 under Sections 452(1), 461(1) of the M.C. Act, 1955 and under Sections 89, 89(1 & 2), 90(1) of A.P.M.R. & U.D.A Act, 2016, calling for an explanation from the un-official respondents to show sufficient cause as to why the action for deviation/violation of construction should not be initiated against them. As the un-official respondents failed to submit the explanation, the respondent- office had issued Confirmation Notice No.03/2024/NMC/WPRS-69, dated 20.08.2024, to the un-official respondents Nos.5 & 6 under Sections 452(2), 461(2) of the M.C. Act, 1955 and under Sections 89, 89(3) of A.P.M.R. & U.D.A Act, 2016 and stated that they will follow due process of law. 5. On a perusal of the affidavit filed by the petitioners and as well as the instructions submitted by the learned Standing Counsel, it can be seen that the un-official respondents Nos.5 & 6 in deviation to the building permission dated 26.09.2023, had constructed a commercial building with a cellar+Ground+4 upper floors and when the petitioners had raised a complaint dated 14.06.2014, respondent-office had issued notice No.03/2024/NMC/WPRS-69, dated 19.07.2024, to the un-official respondents Nos.5 & 6 calling for an explanation as to why action should not initiated against them for deviation/violation of the construction rules. As the un-official respondents failed to submit an explanation, the notice dated 19.07.2024 was confirmed vide Notice No. No.03/2024/NMC/WPRS-69, dated 20.08.2024. But, however, nowhere in the instructions submitted by the learned Standing Counsel discloses that as to what action has been initiated by the official respondents in furtherance of the notice dated 20.08.2024, in removing the unauthorized constructions made by the un-official respondents herein. 6. In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondent Nos.3 & 4 to initiate further action in pursuance of the Confirmation Notice No.03/2024/NMC/WPRS-69, dated 20.08.2024, against the respondent Nos.5 & 6, as expeditiously as possible, preferably within a period of eight (08) weeks from the date of receipt of a copy of this order in accordance with law. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 09.01.2025 SRT 130 THE HONOURABLE SMT.JUSTICE V.SUJATHA W.P.No.16382 of 2024 Date: 09.01.2025 SRT