P.Siva Rao v. Gajuwaka, Visakhapatnam district

This writ petition is filed seeking a direction to the respondents, not to demolish the third and fourth floors of the petitioner’s building constructed in an extent of 500 square yards covered by S.No.181/9 of Chinagantyada Village, Gajuwaka Municipal Limits, Gajuwaka Mandal, Visakhapatnam. The facts emanating from the writ petition can be succinctly stated as follows: Petitioner, who is the owner of a vacant site admeasuring an extent of 500 sq.yards covered by Sy.No.181/9 of Chinagantyada Village, Gajuwaka Municipal Limits, Gajuwaka Mandal, Visakhapatnam, constructed a building with two floors therein after obtaining an approved plan on 11-01-2005. Thereafter, on 10-03-2005, he submitted a revised plan for construction of two more floors. On oral assurance of the officials of the first respondent, petitioner proceeded with the construction and completed it. While so, on 13-06-2005 without issuing prior notice, the first and second respondents rushed to the petitioner’s house and undertaken spontaneous dismantling of his house.

At petitioner’s request, the respondent officials served him with a notice dated 21-05-2005, calling him to submit his explanation within ten days. But on 22-06-2005, the respondents again tried to demolish the petitioner’s house. On severe protest from the petitioner that the notice time is still available, the respondents left the place threatening the petitioner with dire consequences. Petitioner submitted his explanation on 23-06-2005. Pending consideration of the above said explanation, the petitioner apprehends demolition of his building by the respondents. Therefore, he filed the present writ petition. The learned Counsel for the petitioner submitted that the action of the respondents, in proposing to demolish the petitioner’s house without waiting for the time stipulated in the notice, and without passing any order of demolition under Section 42 of the A.P. Urban Areas (development) Act, 1975, is unwarranted and unsustainable.