VIJAYAWADA: In a major relief to the YSRC, the Andhra Pradesh High Court on Thursday directed the State government to exercise its power to demolish the Opposition party’s offices only if their construction is against public interest and cause public nuisance, among other reasons. The High Court asked the YSRC to submit its explanations, if any, enclosing all the necessary documents in support of their claims within two weeks to the authorities concerned.
The State government had served notices on office buildings of the YSRC at various places and also demolished the under construction building of the party’s State headquarters at Tadepalli, stating that it was unauthorised. Subsequently, the YSRC filed a batch of petitions in the High Court, seeking orders to the State government to refrain from demolishing the party’s offices.
After hearing arguments on both sides, the court disposed off the petitions and ordered the government to abide by the law while taking any action. The court observed that the sites were allotted to the party for construction of the office buildings at various places of the State, as per the State government’s policy.
Follow due procedure in demolitions: HC to govt
Further, the court observed that the possession of land was given, property taxes for the open lands were paid, in some cases building permit orders were also issued, in a few cases the permission applications have to be submitted and in most of the cases the construction of the buildings were almost completed.
“It is also not the case of the respondents (municipal administration department) that they have ever visited the buildings earlier at the time of constructions and objected for the same on the ground of deviations, if any, except issuing notices after a long gap of time,” the court said.
Contending that the alleged violations were curable defects under law and that the demolitions were unwarranted, the YSRC informed the court that demolitions, if any to any extent of the buildings, will not benefit anyone except result in loss of huge money already invested by the party for the constructions even after paying charges and fee for the sanction of building permissions. The government will also be deprived of collection of property tax, if buildings are demolished even when they are not affecting the public interest in any manner.
Issuing the orders, Justice B Krishna Mohan directed the authorities to proceed with the notices following due procedure in accordance with law. He permitted the petitioner to submit the explanations/additional explanations, if any, enclosing all the necessary documents and the other proofs if any in support of their claims within a period of two weeks.
“On completion of two weeks, the authorities are directed to proceed with the necessary enquiry by considering the explanations of the petitioners by giving due opportunity to all the parties concerned, including the petitioners, and upon verification of the records and the subject buildings, appropriate decision shall be taken on their own merits in respect of each case,” the court said.
He said the petitioners shall be permitted to avail and exhaust all the remedies available under law before the authorities concerned. “The authorities, while exercising the discretion and decision making, shall act fairly and objectively in consonance with the provisions of the law. The power of demolition should be exercised only if the deviations made during the construction are not in public interest or cause public nuisance or hazardous or dangerous to the public safety, including the residents therein. If the deviations are minor, minimal or trivial, or do not affect public at large the respondent authorities shall not resort to demolition,’’ he said.