`Violation of building plan’: Andhra HC orders demolition of illegal shops in East Point Colony, Vizag
The petitioners argued that they had purchased the shops from the builder
By - Sri Lakshmi Muttevi
Representational Image
Visakhapatnam: Andhra Pradesh High Court has ordered the demolition of illegal shops in East Point Colony, Visakhapatnam.
The court was hearing a petition by Edarlapalli Balasubrahmanyam and Nadimpalli Sri Divyadurga Madhulika, who challenged GVMC notices ordering the demolition of shops illegally constructed on the stilt floor of Madhuri Manor Apartment in East Point Colony, Visakhapatnam.
The petitioners argued that they had purchased the shops from the builder and sought their regularization under Section 455A of the AP Municipal Corporation Act.
Justice N. Harinath dismissed the petition, stating that the shops were constructed in violation of the approved building plan. The court noted that unauthorized commercial structures in parking areas cannot be legalized merely because they have existed for many years. He also referenced G.O. 225 (issued November 12, 2025), which does not permit such regularization.
The court cited a Supreme Court judgment in the Nahalchand Laloochand Pvt. Ltd. vs. Panchali Cooperative Housing Society Ltd. case, which clearly held that parking areas are common facilities and cannot be converted for commercial use or sold independently.
Ordering action in the present case, the judge directed officials to demolish the illegal shops and hand over the area to the Madhuri Manor Flat Owners’ Welfare Association within four weeks, to restore it as a parking facility.
During the hearing, lawyers representing GVMC and the Flat Owners’ Association alleged that the sanctioned building plan shown by the petitioners was fabricated for legal advantage. After reviewing the records, the court found that those who sold the shops acted in collusion with the builder and that a false plan was presented before the court. The petition was subsequently dismissed.
The court also reiterated that parking spaces at residential apartments cannot be converted for commercial use. It also ruled that unauthorized constructions in the cellar and stilt floors—meant for parking—cannot be legalized for any other purpose.
Citing Section 9 of the AP Apartments (Promotion of Construction and Ownership Act), the court emphasized that parking areas are classified as common spaces and should only serve the requirements of apartment owners and residents.
