LAWS(APH)-2018-12-14

BYREDLA CHINNA Vs. STATE OF A P

Decided On December 28, 2018
Byredla Chinna Appellant
V/S
STATE OF A P Respondents

JUDGEMENT

(1.) Byredla Chinna, the petitioner in the two writ petitions, is the Sarpanch of Cherukupally Village, Bhogapuram Mandal, Vizianagaram District.

(2.) She filed W.P.No.38986 of 2017 assailing the action of the Greater Visakhapatnam Municipal Corporation (GVMC) in attempting to demolish her construction in the premises bearing No.1-49-182/1 at Banglametta, Tagarapuvalasa Village, Bheemunipatnam Mandal, Visakhapatnam District, despite the order dated 06.08.2016 passed by the Tahsildar, Bheemunipatnam Mandal, Visakhapatnam District, advising her to seek regularization of her occupation over the said premises. She sought a consequential direction to the GVMC not to demolish the structure and a further direction to the District Collector, Visakhapatnam, and the Tahsildar, Bheemunipatnam Mandal, Visakhapatnam District, to regularize her occupation over the subject Government land by receiving the basic value as per G.O.Ms.No.118 dated 30.03.2016.

(3.) She then filed W.P.No.396 of 2018 assailing the notice dated 23.11.2017 issued by the Zonal Commissioner, GVMC, under Section 636 of the Greater Hyderabad Municipal Corporation Act, 1955 (for brevity, 'the Act of 1955'), which applies to the GVMC, by virtue of Section 7(1) of the Visakhapatnam Municipal Corporation Act, 1979, requiring her to remove her unauthorized construction. She sought a direction to the authorities not to take any action in respect of the construction made by her in the subject premises till the regularization proceedings were finalized.