Name respondent official in notices clearly: Andhra Pradesh HC

VIJAYAWADA: The Andhra Pradesh High Court has said officials, who serve notices for demolishing properties, need to clearly mention as to whom the reply (to the notices) should be given. Finding fault with the officials for not giving clear instructions as to whom the response should be given, the court said there is a need for giving clarity when the official who serves the showcause notice and the official who issues the orders based on the explanation of the respondent are different. The HC said there is a need for the MAUD department to issue clear guidelines in this regard.

The court made these observations while hearing a petition filed by R Mohini stating that the municipal corporation officials went ahead to demolish her property at Ramgopal Street in Vijayawada One Town even if she responded to the showcause notices issued.

Mohini urged the court to strike down the orders as the officials had acted without taking cognisance of her response to the showcause notices. The petitioner’s counsel informed the court that the officials issued demolition orders claiming that they did not receive the response to the notices.

Counsel M Manohar Reddy, appearing for the Vijayawada Municipal Corporation, said the town planning building overseer (TPBO), junior planning officer (JPO) and officers above these ranks have been given powers to issue showcause notices by the municipal commissioner. In the present case, though the showcause notices were served by the TPBO, the response was sent to the commissioner.

The court observed that the commissioner should have forwarded the same to the officer concerned. It struck down the orders issued for demolishing the building and asked the VMC to take into consideration petitioner’s explanation.