VIJAYAWADA: The High Court of Andhra Pradesh on Monday found fault with municipal commissioners continuing to issue notices in a prescribed printed format in cases related to the demolition of houses and buildings being constructed in violation of rules.
While hearing a petition filed by I Rathna Prasad of Eluru town, challenging the civic body’s notices to remove some parts of the second floor of his building, Justice Ravinath Tilahari said henceforth, the practice of mechanically signing such prescribed format of notices should be stopped. Stating that such notices are illegal, he made it clear that officials have to follow the rules and directions of the court.
Eluru civic body’s orders issued to Prasad were set aside and the commissioner was directed to issue fresh orders in two months' time as per the law.
The court asserted that orders (either positive or negative) have to be issued after taking the response of the people, against whom notices have been issued. The reason for issuing orders for the demolition of houses has to be included in the orders.
Further, the court directed the principal secretary (municipal administration and urban development) to give instructions to all municipal commissioners in this regard.
The petitioner’s counsel explained to the court that his client was only repairing a portion of the second floor of his house and in no way constructing anything new.
However, based on a complaint from the petitioner’s neighbour, Majji Venkateswarlu, the municipal commissioner issued showcause notice to Prasad on January 12. Even though the petitioner explained that he was not making new constructions, another notice was served on him. The municipal commissioner issued orders for demolishing a part of his second floor on April 24.
“The Eluru municipal commissioner did not consider Prasad’s explanation and did not specify any reason for doing so. This is against the natural justice,” the petitioner’s counsel argued.
Justice Tilahari examined the orders issued for demolition. When he noticed contradictory points, he summoned municipal commissioner Venkata Krishna, who appeared before the court. His advocate Naresh Kumar explained that there is a prescribed printed format for issuing notices in which name and property details are printed, along with the municipal commissioner’s digital signature.
After hearing the arguments, the court said that as per The Municipal Act rules, it is mandatory for the civic bodies to give an opportunity to the person on whom notices for demolition are served.
“The commissioner has to take every aspect into consideration before taking a decision. Further, just giving one line reason—not satisfactory—is not sufficient. The reason for the refusal of the explanation has to be given in the order,” the court said.