MUSUNURU RAJANI Vs. VIJAYAWADA MUNICIPAL CORPORATION

JUDGEMENT

(1.) Petitioner was accorded permission on 14.5.2004, to undertake construction in his premises in R.S. No.362/ 2C1 of Gunadala Village, within the limits of Municipal Corporation of Vijayawada. When the construction was in progress, the respondent issued a notice dated 5.7.2004, under Section 452 of the Hyderabad Municipal Corporation Act (for short 'the Act') and Sections 42 and 43 of the A.P. Urban Areas (Development) Act, 1975, stating that the construction being undertaken is contrary to the sanctioned plan and G.O. Ms No.423, Municipal Administration, dated 31.7.1998. The petitioner was directed to explain as to why action shall not be taken under the relevant provisions of law. The petitioner claims to have submitted an explanation dated 14.9.2004.

(2.) The respondent issued a notice dated 1.3.2005, under Section 636 of the Act, directing the petitioner to demolish the unauthorized structures raised by him, within twenty four hours from the receipt of notice. Petitioner challenges the same on several grounds, such as, non-consideration of the explanation, non-application of mind and vagueness in the notice issued under Section 452 of the Act etc.

(3.) Heard the learned Counsel for the petitioner and the learned Standing Counsel for respondent.