Smt. Konatala Satyavathi, v. The Greater Visakhapatnam Municipal Corporation,
WP/22594/2014 · 2025-01-23
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37223 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37223 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010625622014
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22594/2014 Between: Smt. Konatala Satyavathi, ...PETITIONER AND The Greater Visakhapatnam Municipal Corporation and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. N ASHWANI KUMAR Counsel for the Respondent(S):
1.
2. V SURYA KIRAN KUMAR (SC FOR VMRDA and MUDA)
3. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)
4. The Court made the following:
ORDER:
The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“….Issue a Writ, Order or Direction more particularly one in the nature of a Writ of Mandamus declaring as illegal arbitrary and without jurisdiction the action of the 1st respondent in insisting on „No Objection Certificate‟ for approving building plan submitted by the Petitioner in respect of Plot.No.12 in Hill Valley Survey Nos. 2/1 of Madhavadhara Village, Visakahaptnam District (Door No. 39-33-45/17/2) and issue consequential direction to the 2nd Respondent to issue the approved Layout Regularization Scheme (LRS) orders without insisting on „No Objection Certificate‟ from any authority and pass....”
2. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.
3. During the course of hearing, learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by the
order dated 05.01.2012 passed by this Court in W.P.No.217 of 2012 and requested to pass a similar order in this Writ Petition also. The same is not disputed by the learned Standing counsel appearing for the respondents. The operative portion of the said order, reads as under:
“….The petitioner made an application before respondent No.1 for proposed construction of stilt + ground + four upper floors. On the ground that the petitioner has not furnished the site documents, soil test report and structural design booklets and not filed N.O.C. from N.S.T.L., the application was returned. As on today, there is no proposal for acquisition of land for expansion of N.S.T.L. If such is the case, the petitioner need not obtain any N.O.C. from N.S.T.L authorities. The petitioner claims to be the owner of the sitein question having purchased the same under a registered sale deed, dated 12.11.2010. Therefore, the petitioner is directed to submit the relevant documents viz., site documents, soil test and structural design booklets to the respondents and thereafter, the respondents
shall consider the same in accordance with the rules governing the sanction of building permission without insisting for NOC from N.S.T.L authorities.
4. In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also disposed of, in terms of the order, dated 05.01.2012 passed by this Court in W.P.No.217 of 2012. There shall be no order as to costs.
5. Registry is directed to attach the copy of the order, dated 05.01.2012 passed by this Court in W.P.No.217 of 2012 to this order. No order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
__________________ JUSTICE V.SUJATHA Date: 23.01.2025 ANS
295 THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 22594/2014
Date: 23.01.2025 ANS