TATHINENI SATYANARAYANA Vs. VIJAYAWADA GANTUR

JUDGEMENT

(1.) THE maternal grandfather of the petitioner, by name, Boda Kotaiah, endowed an extent 0. 10 cents of land in R. S. No. 404/2a of Poranki Village, Krishna District, under a registered trust deed, dated 4. 11. 1936. Disputes arose among the legal heirs of Boda Kotaiah, and the matter landed before this Court in the form of W. P. No. 11369 of 1997 and thereafter, W. A. No. 706 of 1997. Suffice it to say that, through its order, dated 4. 8. 1997, a Division Bench of this Court entrusted the land to the petitioner, on a condition that he shall bring about a building on the land by spending a sum of Rs. 3. 5 lakhs and that he shall make available a sum of Rs. 10,000.00, per year, for its maintenance.

(2.) PORANKI Village is within the limits of the respondent-authority. As required under the provisions of the A. P. Urban Areas (Development) Act, 1975 (for short 'the Act'), the petitioner submitted an application on 27. 6. 1997, with a request to accord permission to construct ground plus first floor. The application was returned on 1. 8. 1997, with certain objections. The petitioner resubmitted the same on 15. 9. 1997, by complying with the objections. Thereafter, no action was taken.

(3.) THE petitioner contends that the building was constructed in accordance with the plan submitted to the respondent and there is absolutely no basis for the impugned notices. It is also stated that the notices, dated 23. 10. 1998, were, in fact, signed on 27. 10. 1998, and the respondent is not sure as to the provision under which it intends to take action. The petitioner further contends that the respondent is applying the provisions, which are meant for different situations.