AUROBINDO PHARMA LIMITED Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Mr. Venkata Ramanaiah, the learned Advocate General.

(2.) The Petitioner in the main writ petition obtained permission from the Municipal Corporation of Hyderabad for construction of ground floor and upper three floors vide permit No: 38/44 on 23rd October, 1996 and constructed the building. As admitted, the petitioner constructed fourth and fifth floors without permission from the Municipality. He has filed the writ petition seeking a direction from this Court that the two floors which he has , constructed without getting sanction from the concerned authorities should be regularised in terms of G.O.Ms.No. 419, M.A. dated 30th July, 1998, by which a scheme has been framed by the Government for regularisation of unauthorised constructions made upto 30th June, 1998.

(3.) The petitioner in the writ petition has not challenged the validity of G.O.Ms.No. 419, M.A. dated 30th July 1998. My learned brother Justice Bilal Nazki before whom the writ petition came up for admission, held that, "Now, it is well settled that the Court cannot grant directions which are contrary to law. Prima facie, this Court is of the view that the Government has no power which renders a statute invalid by ordering wholesale regularisation of illegal constructions. Therefore, before any direction is issued that the constructions which have been made by the petitioner admittedly without seeking any permission be regularised, this Court is duty bound to see whether the Government Order No. 419 M.A. dated 30th July, 1998 is intra vires the Municipal Act and allied laws"