ITC LIMITED Vs. STATE OF AP

JUDGEMENT

(1.) Challenging the order dtd. 13/12/2023 directing the petitioner to remove the building compound wall within 24 hours from the date of receipt the order without considering the representation/explanation dtd. 4/11/2023 of the petitioner the writ petition is filed.

(2.) (a) Notice vide RDP No.9/2022/ACP-III&IV/G1, dtd. 7/8/2023 was issued by the 3rd respondent to the Branch Manager of the petitioner to produce relevant documents for issuance of compensation and TDR as per Rules since the property of the petitioner admeasuring 983 Sq.yds is affecting in MP road widening. Explanation was submitted on 22/8/2023 to the Zonal Commissioner, Greater Visakhapatnam Municipal Corporation, Visakahapatnam (for short GVMC"). The Zonal Commissioner again issued notice vide RDP No.9/2022/ACP-III & IV/G1, dtd. 29/8/2023 to handover the affected portion to GVMC by way of consent and relevant documents i.e., notarized affidavit, legal heirs etc. Notice under Sec. 635 of Greater Hyderabad Municipal Corporation Act, 1955 (for short GHMC Act") was issued by the Assistant City Planner, Zone-III, GVMC. Zonal Commissioner issued notice vide Notice No.01/2023/ACPIII/TPS/Ward-21, dtd. 7/10/2023 directing the petitioner to submit explanation within three (3) days as to why the building is not removed, altered or pull down the unauthorized construction under HMC Act.

(3.) Heard Sri Ghanta Ramarao, learned Senior Counsel assisted by Sri Ghanta Sridhar, learned counsel appearing for the petitioner and Sri M.Manohar Reddy, learned Standing Counsel appearing for the respondents.