Aalla Nageswara Rao vs. The District Collector
Held
The Court held that the 8th respondent had obtained all necessary permissions and clearances from the concerned authorities, including the Deputy Chief Inspector of Factories (dated 01.01.2021), land regularization and building plan approval from the Amaravati Metropolitan Region Development Authority (dated 02.07.2021 and 10.08.2021 respectively), and GST registration (dated 24.09.2021). The Court found that the construction was commenced and completed strictly in accordance with the approved building plan and therefore, could not be termed as unauthorized. The Court also noted that the petitioners had not filed a reply or rejoinder to the counter-affidavit filed by the 8th respondent. Consequently, the Court found the writ petition to be iniquitous and dismissed it. No order as to costs was made.
Facts
The petitioners filed a writ petition seeking a direction to declare the construction of a Dal Mill by the 8th respondent in Survey No. 430-A of Nandigama Village as illegal and arbitrary, violating various acts including the A.P. Panchayat Raj Act, 1984, APCRDA Act, 2014, AP Agricultural lands (Conversion into Non-Agricultural purposes) Act, 2006, and the AP Pollution Control Board Act, 1981. The 8th respondent, in their counter-affidavit, stated that they had obtained all necessary permissions and clearances from the concerned authorities, including the Deputy Chief Inspector of Factories, the Amaravati Metropolitan Region Development Authority (APCRDA) for land regularization and building plan approval, and had also obtained a GST registration. The petitioners did not file a reply or rejoinder.
Key Issues
1. Whether the construction of the Dal Mill by the 8th respondent in Survey No. 430-A of Nandigama Village is illegal, arbitrary, and in violation of the A.P. Panchayat Raj Act, 1984, APCRDA Act, 2014, AP Agricultural lands (Conversion into Non-Agricultural purposes) Act, 2006, and the AP Pollution Control Board Act, 1981 and rules and guidelines made thereunder. Petitioner's contention: The construction is illegal and arbitrary, violating the specified acts and rules. Respondent's (8th respondent) contention: The 8th respondent has obtained all necessary permissions and clearances from all concerned authorities, including the Factories Department, APCRDA for land regularization and building plan approval, and has also obtained GST registration. Therefore, the construction is authorized and cannot be termed as unauthorized.
Sections Cited
Section 226
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Cause title — parties, addresses and appearances
ORDER:
The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s: “..pleased to issue writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.2 to 7 herein in allowing the illegal construction of the factory i.e. Dall Mill in Survey No.430-A of Nandigama Village by the 8th respondent herein is illegal, arbitrary and in violation of provisions of A.P. Panchayat Raj Act, 1984, The APCRD
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