Telangana High Court

WP/28590/2009 of M.CHENNAKESAVA RAO Vs Tenali Municipality on 31 December 2009

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SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.28590 of 2009 ORDER: The petitioners claim to be the owners of different buildings, situated at Bose Road, Tenali Town within the limits of Tenali Municipality, the first respondent herein. Their grievance is that the respondents are taking

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDYWRIT PETITION No.28590 of 2009

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ORDER:

The petitioners claim to be the owners of differentbuildings, situated at Bose Road, Tenali Town within the limitsof Tenali Municipality, the first respondent herein. Theirgrievance is that the respondents are taking steps to demolishparts of the buildings without issuing any notice. They contendthat the buildings are in existence for the past several yearsand they did not resort to any deviation.

Heard the learned counsel for the petitioners and thelearned counsel for the respondents.

The Andhra Pradesh Municipalities Act confers powersupon the first respondent to take steps against any buildings,which are constructed without permission or in deviation of thesanctioned plan. The notice under the relevant provisions oflaw is to be issued before any action is proposed. Therecannot be any justification to demolish the buildingsconstructed by the individual without issuing any notice andfollowing the procedure prescribed by law.

Hence, the writ petition is disposed of, directing that therespondents shall not proceed against the buildings owned bythe petitioners without following the procedure prescribed bylaw. There shall be no order as to costs.

_____________________

L.NARASIMHA

REDDY,JDt:31.12.2009

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