NAGOTHU SIMHACHALAM Vs. COLLECTOR PANCHAYAT WING

JUDGEMENT

(1.) The petitioner, who is the Sarpanch of Mathurawada GramPanthayat, challenges in this writ petition the insistence of the authority concerned under the A. P. Urban Areas (Development) Act, 1975 to obtain its prior permission to consent a building on the land within the urban agglomeration, before any permission for construction of specified building to be accorded by the Gram Panchayat.

(2.) The facts in brief are : Some of the owners of the lands whichare situated though within the village Yengada also fall within ths urban agglomeration within the meaning of the Urban Land Ceiling Act. They intend to construct houses over their lands. They applied to the Gram Panchayat for according necessary permission to build houses. However, the authority under the aforesaid Development Act insists that without prior permission from them under Section 13 (4) of the Act and unless it is so cleared, no building permission should be accorded by the Gram Panchayat It is this act that is challenged.

(3.) The contention of the learned counsel for the petitioner is thatunder G. O. Ms. No. 680, M. A., dt. 17. 6. 1982 the power has been delegated in its entirety to the local body viz., Gram Panchayat from Urban Development Authority and, therefore, such insistence is opposed to the provisions of the Gram Panchayats Act under which the Gram Panchayat is empowered to accord permission for the building constructions. The counter contentions however are under the provisions enacted in Ssc. 13 (4) of the aforesaid Development Act, no development of the land within the development area shall be undertaken unless permission for such development has been obtained in writing from the authority. The further contention is that this formality has to be gone through and unless the Urban Development Authority clears this, the building cannot be constructed chough after clearance necessary construction of the building with certain specified plans will have to be submitted to the Gram Panchayat and obtained necessary permission.