Greater Visakhapatnam Municipal Corporation [GVMC] — Illegal constructions without leaving setbacks

Address:

Door No: 18-179, Salipeta, Pedha Gadhili, Visakhapatnam

On instructions of my client Sri Reddipalli Bhaskara Rao, S/o Janardhana Rao, Residing at Door No: 18-178, Nirmal Villa, Salipeta, Pedhagadhili, Visakhapatnam-40, I issue the following notice to you:
1. My client is the absolute owner of a house property bearing Door No: 18-178, Nirmal Villa, Salipeta, Pedhagadhili, Visakhapatnam-40. That Buddhala Varalakshmi and her husband Buddhala Rama Rao has recently started constructions towards west of the property of my client, without plan and without leaving the setbacks and attempting to encroach into my client’s site, thereby violating the municipal laws. That the said constructions are not only obstructing the free light and the air flow to my client’s house but also affect the privacy of my client’s family members who are residing in the house. Further, the constructions being carried out by them without leaving any space are hazardous and creates any amount of nuisance to my client and his family members.
2. That my client anticipating that your authority will take necessary steps from carrying out illegal constructions has lodged a complaint addressing to you about the illegal constructions. It is unfortunate that although it is a duty of the concerned building inspector to watch all the constructions and immediately stop illegal constructions, my client states that neither your sub-ordinates nor you have initiated any action to stop the illegal constructions though the law provides you to act accordingly.
3. That my client is constrained to approach court and file a suit numbered as O.S. 874/2020, on the file of the Honorable Principal Junior Civil Judge, Visakhapatnam, and the Honorable Court is pleased to grant injunction against said Buddhala Varalakshmi and her husband Buddhala Rama Rao vide interim orders in I.A. 396/2020.
4. That my client has immediately got issued a notice to you on[protected], to instruct your officials to immediately remove illegal constructions being carried out by Buddhala Varalakshmi and her husband Buddhala Rama Rao. That you have received the notice on same date, but unfortunately, you have not taken any steps till date. Taking advantage of the fact that you are not taking any action to stop their unlawful constructions, they are continuing with the unlawful constrictions without plan inspite of having knowledge about the injunction granted by the court.
5. My client states that leaving of necessary setbacks is mandatory, and when any person fails to follow the same, it will be the duty of your authority to initiate action, more so when the court has restrained from carrying out illegal constructions, as it is your duty to see that the orders of the court are implemented, and any sort of dereliction of your duty in this regard will make you liable as having disregard towards the courts order.
Therefore, you are hereby called upon through this notice to instruct your officials to immediately remove illegal constructions being carried out by Buddhala Varalakshmi and her husband Buddhala Rama Rao in the property which is described in schedule given below, failing which my client have instructed me to initiate appropriate action against you, thereby you will be made liable for all the consequences and expenses incidental thereto including costs of the notice.

Schedule

A house property in Door No: 18-179, Salipeta, Pedha Gadhili, Visakhapatnam, within limits of GVMC, bounded as follows:

North : 60 Feet Road

South : House Property

West : 5 Feet C.C. Road

East : 3 feet retaining wall cum boundary wall of the
Reddipalli Bhaskara Rao after that House of the
Reddipalli Bhaskara Rao

MD.Habeebullah
Advocate