Mothukuru Subbarayudu v. The State of Andhra Pradesh

The case of the petitioner is that he purchased the land, in an extent of Ac.0.04 cents in Sy.No.637/2 of Yerramukkapalli Street, Ward Kadapa Town, YSR District through sale deed dated 07.01.2023 registered document No.540 of 2023, from one Chinthrakunta Amruthavalli Sampath Kumar and another. Since then he is possession and enjoyment of the subject property. Thereafter, he constructed a residential building in the subject land.

While so, the respondent No.2 issued a provisional order in Notice No.313/1013/KDP/UC/2023, dated 10.05.2023, stating that an unauthorized construction is being taken up by the petitioner in the Plot No.25 contrary to the provision of APMC Act and APMR & UDA Act. Immediately after receiving the said notice dated 10.05.2023, the petitioner submitted an application on the same day to respondent No.2 under Section 455-A of the Act, 1955 seeking regularization of the unauthorized construction. The petitioner also paid a sum of Rs.3,000/- as the construction was already completed by the date of provisional notice as well as the confirmation orders. Despite the petitioner's application seeking approval of the building plan or regularization of the construction, respondent No.2 has not considered the request. However, pending the said application for regularization, on 31.12.2024, the authorities of respondent No.2 all of a sudden arrived at the subject house and directed the petitioner to demolish the building within two days, as per the confirmation orders dated 17.05.2023. Hence, the writ petition. 3

Heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioner. Sri ASC Bose, learned Standing Counsel appearing for respondent No.2, has furnished a copy of instructions

02.01.2025, of the respondent No.2, wherein stated a Provisional Order vide 313/1013/KDP/UC/2023 dated

10.05.2023 was issued to petitioner. However, no explanation has been received from the petitioner, nor he has altered the construction or applied for building permission. Therefore, the office issued a Confirmation Order vide 313/1013/KDP/UC/2023 dated

17.05.2023. Although the petitioner has paid an application fee of Rs.3,000/- through RC/2455/2023, which is only an initial payment. After scrutiny, it was found that the petitioner is required to pay the building approval fees through the APDPMS website, as mandated by the AP Government. Only after that payment, the office will receive the application for regularization but the petitioner herein even without making the said payment as mandated has approached this Hon’ble Court.

It is further stated that as a state policy, ever since the inception of APDPMS online portal for disposal of building applications i.e., from 2016 onwards all the building applications are being dealt through the APDPMS online portal and the petitioner has not submitted building plans through APDPMS online portal, except payment of building application processing charges, the petitioner has not paid all categories of fees and charges as required under condition (a) of the Section 455(A) of APMC Act. The V I construction on ground is not in conformity to the all building rules i in force i.e., G.O.Ms.No. terms of all round setbacks, \ r parameters laid down iin 119 MA&UD dept, dated

28.03.2017 in surrendered affected part of the site under widening to the consideration for APMC Act, 1955. C C respondent corporation and therefore. approval as per Condition (b) of the Payment of penalty various categories of fees and charges in addition charges is applicable for the buildings that cannot be taken into Section 455 (A) of equivalent ot thirty three (33%) of the • to the regular fee and other are constructed in conformity to the building rules and the 's not satisfying with the

1955. un authorized construction carried out by the petitioner condition (c) of the Section 455 (A) of APMC Act

On such submissions made by the learned Standing Counsel the learned counsel for the petitioner has the charges as against the other Section 455 (A) of APMC stated that the petitioner i IS ready to pay categories as required Act through APDPMS online portal. under Condition (a) of

In view of the petitioner to submit building paying the requisite same, the Writ Petition i IS disposed of, by d irecting the application through APDPMS online portal by duly processing charges Section 455 (A) of APMC Act, within Of receipt of said application, copy of this order. Thereafter, within a period of four (04) action shall be initialed as as required under Condition (a) of a period of two (02) weeks from the date respondent No.2 shall process the weeks. Until such time no further against the i impugned Confirmati on Order Notice / / 5 NO.313/1013/KDP/UC/2023, dated 17.05.2023 issued by respondent No.2. No costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. //TRUE COPY// Sd/- B PRASADA RAO ASSISTANT REGISTRAR CTlgkfel^FICER SE To,

The Principal Secretary Municipal Administration Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

6. AL The Commissioner, Kadapa Municipal Corporation, Kadapa Y S R District, Sri. V R Reddy Kovvuri, Advocate [OPUC] One CC to Two CCs to GP For Muncipal Admn Urban Dev ,High Court Of Andhra Pradesh. [OUT] One CC to Sri A S C Bose, Advocate [OPUCj. Three CD Copies HIGH COURT DATED:03/01/2025 ORDER WP.No.42 of 2025 ^OF ANoTt^ f? ,,g 2 k JAN 2025 ^ Current Section . ^ Co DISPOSING OF THE WP WITHOUT COSTS