In the Hon’ble Court of Judicial Magistrate of ……. Class, ……………..

C. C. No. /2019
Between

Guntur Municipal Corporation,

Rep. by its Commissioner Complainant

And
Sri V.Prem Kumar Accused
S/o Mastan Rao
D. No. 3-29-13/24
Krishna Nagar 5th line
Guntur-522002
Mobile-9246463448

COMPLAINT FILED ON BEHALF OF THE COMPLAINANT U/S 200 OF CRIMINAL

PROCEDURE CODE TO READ WITH SECTION 663,664 AND SECTION 666 OF
AP MUNICIPAL CORPORATION ACT-1955.

1. The Complainant submits that the Guntur Municipal Corporation was established
under sub-section (1) of Section-3 of AP Municipal Corporation, Act 1994 and
having authority for sanctioning / approving of the houses / buildings / apartments
/ commercial buildings/floors etc. under the Act to be read together with section 14
of the same.

2. The Complainant submits that the accused being the owner of the property bearing
at D.No:33,T.P-No.1/68,door no-3-29-13/24,Krishna Nagar 5th lane, Guntur has
submitted plans for construction of Stilt+G+1 floors Residential non-high rise
building vide B.A No.1021/1380/B/GNTC/KRI/2017, in an extent of 320.92
Sq.mts.
3. After the plan was confirmed, the accused constructed the building in deviation to
allowed setbacks and usage deviation. As per plan, the accused is stipulated to
construct building for S+G+1 by maintaining setbacks as 3.42m on front side, rear
side 1.50m, side(1)-1.37m,side (2)-2.53m on remaining sides as per approved plan.
But the building owners constructed building with S+G+1st floor+2nd floor (partial)
and violated the setbacks by not respecting the building rules as per mentioned
tabular statement.
As per plan As on Ground Deviation
Setback(Front) 3.42m 2.50m 0.92
Setback(Rear) 1.50m 1.35m 0.15
Side 1 2.53m 0.90m 1.63
Side2 1.37m 1.34m 0.03
Usage residential residential ---
No of floors Stilt+ground+1st Stilt+ground+1st Partly
floor floor+ partly 2nd unauthorized
floor stilt & 2nd floor
Moreover, the owner has also constructed in the portion of Stilt which is left
for parking. The accused did not pay any heed to the notice of the complainant to
stop the construction issued by the complainant U/s 452(1)&461(1) dt-26-3-2021 of
A.P. Municipal Corporation Act and then U/s 452(2) dt-03-09-2021 of A.P.
Municipal Corporation Act and then U/s 452(1)&461(2) dt-12-1-2024 of A.P.
Municipal Corporation Act and then U/s 452(2),461(2) dt-20-01-2024 of A.P.
Municipal Corporation Act Further, the complainant issued final speaking orders to
remove the construction U/s 636,637,461(2),461(4) & 452(2) of A.P. Municipal
Corporation Act vide this office U.C. B.A.No1021/1380/B/GNTC/KRI/2017,Dt-29-5-
2020. The said notices have been received by the accused, but did not comply with
notices or did not stop the work. By the time the complainant issued the above
notices, the accused has completed S+G+1stfloor+2nd floor (partial) by totally
disrespecting the Building Rules in force. Hence, entire effort of arresting the
construction in deviation to the approved plan have gone in vain. Such irresponsible
and total disrespect to the building rules by the accused, has jeopardized the
execution of building rules. With construction to deviated plan, the accused has
caused huge loss to the Government in terms of building fees, besides of causing
uneven building pattern. The accused, if gone unpunished, will lay examples for
others to violate the building rules by setting a worst precedent.

“Schedule ‘U’ of section 596 of APMC Act 1955 has notified following fine for
violation of section 452 “In respect of non-High rise buildings violation of setbacks
on each side of each floor except building line upto Ten percent of the permissible
set back, a fine equivalent to two hundred percent of the value of the land in
question which is in force as fixed by registration depart for the extent of violated
floor area”.

Similarly, “Sub rule No 3(30)(e) of AP Building rules-2017 vide G.O.M.S.No.119

MAUD Dt 28-03-2017 states that “Any person who whether at his own instance or
at the instance of any other person or anybody including the Government
Department undertakes or carries out construction or development of any and in
contravention of the statutory master plan or without permission, approval or
sanction or in contravention of any condition subject to which such permission or
approval or sanction has been granted shall be punished with imprisonment for a
term which may extend to three years, or with fine which may extend to ten percent
of the value of land or building including land in question as fixed by the Registration
Department at the time of using the land or building. Provided that the fine imposed
shall, in no case be less than fifty percent of the said amount”.

Further, the complainant submits that the section 612 of AP Municipal Corporation
Act, 1955 reads that, “Whoever does any act in contravention of any of the
provisions of this Act or of any one, notification or order made, issued or passed
there under and not otherwise provided for in this Act shall, on conviction be
punished with imprisonment which may extend to two years or and with fine which
may extend to two thousand rupee or both”.
4. The complainant submits that Guntur Municipal Corporation comes under A.P.
Municipal Corporation Act-1955, hence the complainant is filing this complaint.
Further section 663 of APMC Act-1955 states that “All offences against this Act,
or against any rule or byelaw made there under, whether committed within or
without the city shall be cognizable by a Magistrate appointed under section-664
or until such appointment by 1st class magistrate having jurisdiction in the city and
no such magistrate shall be deemed to be incapable of taking cognizance of any
such offence or of any offence against any enactment hereby repealed by the
reason only of his being liable to pay any Municipal Tax or of his being benefited
by Municipal fund”.
5. Besides as per section 666 of APMC Act-1955, “if any person summoned to appear
before a magistrate to answer a charge of an offence punishable under this Act or
any rule or bye law made there under fails to appear at the time and place
mentioned in the summons and if service of summons is proved to the satisfaction
of the Magistrate and no sufficient cause is shown for the non appearance of such
person the Magistrate and no sufficient cause is shown for the non appearance of
such person the Magistrate may hear and determine the case in his absence”.
6. It is therefore prayed that this Hon’ble Court may be pleased to take cognizance
of the case against the accused for the offence u/s 452(2) and 612 of the A.P.
Municipal Corporation Act-1955 & Sub rule No 3(30)(e) of AP Building rules-2017
vide G.O.M.S.No.119 MAUD Dt 28-03-2017 and enquire into the matter issuing
non-bailable warrants against the accused and punish the accused according to
law and pass such other orders as Hon’ble Court may deem fit and proper in the
circumstances of the case.
I, the complainant herein do hereby declare that the above stated facts are
all true and correct to the best of my knowledge, belief and information and after
understanding the above contents I signed the verification at Guntur.

a. Name and address of witness : Sri/Smt. Shaik Rijvana,

Town Planning Supervisor,
GMC.Guntur.

b. Signature of the Witness : ………………….

c. Name and address of witness : Sri C.Jagan Mohan

Ward Planning & Regulation
Secretary, GMC, Secretariat
code-1021100,Syamala
Nagar,Guntur.

d. Signature of the Witness : ………………….

e. Date of institution of charge : ………………….

List of Documents filed on behalf of the complainant:

1. Copy of approved plan vide B.A.No1021/1380/B/GNTC/KRI/2017,Dt-29-5-
2020
2. Served copy of notice dated 26.03.2021 under section 452(1) & 461(1) of
A.P. Municipal Corporation Act 1955. (The Notice was received by accused)
3. Served copy of notice dated 03.09.2021 under section 452(2) & 462(2) of
A.P. Municipal Corporation Act 1955. (The Notice was received by accused)
4. Copy of letters to (i) Sub-Register Nallapadu, (i) Superintendent
Engineer(APCPDCL), (iii) Executive Engineer(Water Supply GMC), (iv)
Revenue officer (Guntur West) vide ROC No-201/1021/GMC/UC/2021/G1,
Dt:23-12-2023 respectively.
5. Served copy of notice dated 20.01.2024 under section 452(2) and 461 (2) of
A.P. Municipal Corporation Act 1955. (The Notice was received by accused)
6. Served copy of notice dated 03.09.2021 under section 636,637,461(2),
461(4) & 452(2) Dt-27-02-2024 of A.P. Municipal Corporation Act 1955. (As
the Accused refused to take notice, the notice was sticked to wall and a copy
was sent by Registered post to the accused and online delivery receipt is
enclosed)
7. GPS & Time Stamped Photograph of the building constructed by the
accused.
8. Nature of the Property within the schedule of the boundary of the property.

9. Authorization of the Municipal Commissioner, Guntur Municipal Corporation

to file case.

10. Memo of Appearance

11. Market value certificate of schedule property in terms of land and building
issued by Sub Register office, Nallapadu vide Request no-783/2024 dt:29-
04-2024, value as on dt:29-04-2024.

12. Building Construction value as estimated as pe the guidelines vide

proceeding no.MV1/752/2022 dt:31-05-2023 of the Commissioner and
Inspector General Of Registration & Stamps, Andhra Pradesh, Vijayawada.

13. Inspection Report of the complainant.

14. Ingredience of violation as per provisions of law

15. Calculation sheet for the penal amount.

In the Hon’ble Court of Judicial Magistrate of ….. Class, --------------------

C. C. No. /2023

Between

Guntur Municipal Corporation,

Rep. by its Commissioner Complainant

And

Sri V.Prem Kumar Accused

S/o Mastan Rao
D. No. 3-29-13/24
Krishna Nagar 5th line
Guntur-522002
Mobile-9246463448

NATURE OF THE PROPERTY WITHIN THE SCHEDULE OF BOUNDARY OF

THE PROPERTY

The building in the site to an extent of 320.92 sq.mts or 383.81Sq.Yards of land at

D.no-33,Tp.no-1/68 Krishna Nagar 5th lane ,Guntur area at Guntur Municipal
Corporation bounded by;

North :Ch Dhana Lakshmi site

South : Satya Narayana Guptha site
East : 12.0m wide road
West : Bayya Bhavani site

Advocate for the Complainant.

Commissioner
Guntur Municipal Corporation
In the Hon’ble Court of Judicial Magistrate of ….. Class, --------------------

C. C. No. /2023

Between

Guntur Municipal Corporation,

Rep. by its Commissioner Complainant

And

Sri V.Prem Kumar Accused

S/o Mastan Rao
D. No. 3-29-13/24
Krishna Nagar 5th line
Guntur-522002
Mobile-9246463448

Authorization of the Municipal Commissioner,

Guntur Municipal Corporation to file case

In exercise of the powers conferred, I Guntur Municipal Commissioner, Guntur

Municipal Corporation, do hereby sanction the prosecution of the accused for the
offence of unauthorized construction at schedule property and authorize Smt.
Shaik Rijvana, Town Planning Supervisor and Sri. C.Jagan Mohan Ward Planning
and Regulation Secretary of Municipal Sachivalayam under code-1021100,Guntur
at present and whosoever TPS and WPRS in future at the time of giving evidence,
may proceed with the above case as per records under section 119 of
A.P.Municipal Corporation Act, 1955 to file this complaint and conduct prosecution
by the TPS on my behalf in the Hon’ble Court.

Commissioner
Guntur Municipal Corporation
In the Hon’ble Court of Judicial Magistrate of ….. Class, --------------------

C. C. No. /2023

Between

Guntur Municipal Corporation,

Rep. by its Commissioner Complainant

And

Sri V.Prem Kumar Accused

S/o Mastan Rao
D. No. 3-29-13/24
Krishna Nagar 5th line
Guntur-522002
Mobile-9246463448

PETITION U/S 200 OF CRIMINAL PROCEDURE CODE TO READ WITH SECTION-

663,664 & SECTION 666 OF A.P. MUNICIPAL CORPORATION ACT, 1955.

Memo of Appearance

Sir,
The undersigned has been appointed as Prosecuting Officer by the Complainant
in the above mentioned case. Hence, I am submitting my memo of appearance today
before this Hon’ble court.

Dated:

Signature of the Prosecuting Officer : (Smt. Shaik Rijvana)

Town Planning Supervisor
Guntur Municipal Corporation
Guntur
In the Hon’ble Court of Judicial Magistrate of ….. Class, --------------------

C. C. No. /2023

Between

Guntur Municipal Corporation,

Rep. by its Commissioner Complainant

And

Sri V.Prem Kumar Accused

S/o Mastan Rao
D. No. 3-29-13/24
Krishna Nagar 5th line
Guntur-522002
Mobile-9246463448

MARKET VALUE CERTIFICATE OF SCHEDULE PROPERTY

It is to certify that the market value of the schedule property is as per below as certified
by Stamps and Registration Department, Govt. of A.P (Copy enclosed)

1. Present Value of the site as per : Rs 39,000 /- per Sq. Yard

Market value certificate vide Request no-
783/2024 dt:29-04-2024 issued by SRO
Nallapadu (copy enclosed)

2. Present Building Construction Value issued as : Rs 900/-per Sq. Feet (for cellar,
per the guidelines issued vide proceedings no- stilt, mezzanine floor)
MV1/752/2022 dt:31-05-2023 of the
Commissioner and Inspector General Of Rs 1400/-per Sq. Feet (for
Registration & Stamps, Andhra Pradesh, ground ,first and second floors
Vijayawada (copy enclosed) in residential usage)
In the Hon’ble Court of Judicial Magistrate of ….. Class, --------------------

C. C. No. /2023

Between

Guntur Municipal Corporation,

Rep. by its Commissioner Complainant

And

Sri V.Prem Kumar Accused

S/o Mastan Rao
D. No. 3-29-13/24
Krishna Nagar 5th line
Guntur-522002
Mobile-9246463448

Inspection Report of the Complainant

The accused being the owner of the property bearing (D.No 33) of Guntur
Municipal Corporation at Krishna nagar 5th lane has submitted plans for construction
of S+G+1 floors residential building vide B.A. No. 1021/1380/B/GNTC/KRI/2017.

After the plan was confirmed, the accused constructed the building in deviation to
allowed setbacks and usage deviation. As per plan, the accused is stipulated to
construct building for S+G+1 by maintaining setbacks as 3.42m on front side, rear
side 1.50m, side(1): 1.37m,side (2): 2.53m on remaining sides as per approved plan.
But the building owners constructed building with S+G+1st floor+2nd floor (partial) and
violated the setbacks by not respecting the building rules as per mentioned tabular
statement.
As per plan As on Ground Deviation
Setback(Front) 3.42m 2.50m 0.92
Setback(Rear) 1.50m 1.35m 0.15
Side 1 2.53m 0.90m 1.63
Side2 1.37m 1.34m 0.03
Usage residential residential ---
No of floors Stilt+ground+1st Stilt+ground+1st Partly
floor floor+ partly 2nd unauthorised
floor stilt & 2nd floor

Moreover, the owner has also constructed in the portion of Stilt which is left for parking.
The accused did not pay any heed to the repeated notices of the complainant to stop
the construction issued by the complainant U/s 452(1)&461(1) dt-26-3-2021 of A.P.
Municipal Corporation Act and then U/s 452(2) dt-03-09-2021 of A.P. Municipal
Corporation Act and then U/s 452(1)&461(2) dt-12-1-2024 of A.P. Municipal
Corporation Act and then U/s 452(2),461(2) dt-20-01-2024 of A.P. Municipal
Corporation Act, 1955. Further, the complainant issued final speaking orders to
remove the construction U/s 636,637,461(2),461(4) & 452(2) of A.P. Municipal
Corporation Act vide this office U.C. B.A.No1021/1380/B/GNTC/KRI/2017,Dt-29-5-
2020. The said notices have been received by the accused, but did not comply with
notices or did not stop the work. By the time the complainant issued the above notices,
the accused has completed S+G+1st floor+2nd floor (partial) by totally disrespecting
the Building Rules in force. Hence, entire effort of arresting the construction in
deviation to the approved plan have gone in vain. Such irresponsible and total
disrespect to the building rules by the accused, has jeopardized the execution of
building rules. With construction to deviated plan, the accused has caused huge loss
to the Government in terms of building fees, besides of causing uneven building
pattern. The accused, if gone unpunished, will lay examples for others to violate the
building rules by setting a worst precedent.
Unauthorized construction committed by the accused are noted below
The details of unauthorized construction in B.A. no 1021/1380/B/GNTC/KRI/2017
Dt:29-5-2020 for estimation of fine as per SCHEDULE-U u/s 596 for violation u/s
452 of APMC Act-1955 are given below:

Ground Floor : 31.56 Sq.mt (unauthorized construction in setback area)

First Floor : 31.56 Sq.mt (unauthorized construction in setback area)
Grand Total : 63.12 Sq.mt (Total unauthorized area with 10% relaxation)
The details of unauthorized construction in deviation to approved plan in B.A
no-1021/1380/B/GNTC/KRI/2017 Dt:29-5-2020 for estimation of fine as per Sub
rule-3(30)(E) of AP Building Rules-2017(Amended) are given below:

Stilt Floor : 96.52 Sq.mt (unauthorized construction in parking area)

Ground Floor : 39.42 Sq.mt (unauthorized construction in setback area)
First Floor : 39.42 Sq.mt (unauthorized construction in setback area)
Second Floor : 155.0Sq.mt (unauthorized pent house)
Grand Total : 330.36 Sq.mt (Total unauthorized area)

In the Hon’ble Court of Judicial Magistrate of ….. Class, --------------------

 C. C. No. /2023

Between

Guntur Municipal Corporation,

Rep. by its Commissioner Complainant

And

Sri V.Prem Kumar Accused

S/o Mastan Rao
D. No. 3-29-13/24
Krishna Nagar 5th line
Guntur-522002
Mobile-9246463448

INGREDIENCE OF VIOLATION AS PER PROVISIONS OF LAW

The complainant submits that Guntur Municipal Corporation comes under A.P.
Municipal Corporation Act-1955, hence the complainant is filing this complaint.

The complainant submits that “Schedule ‘U’ of section 596 of AP Municipal

Corporation (APMC) Act 1955 has notified following fine for violation of section 452
“In respect of non-High rise buildings violation of setbacks on each side of each
floor except building line upto Ten percent of the permissible set back, a fine
equivalent to two hundred percent of the value of the land in question which is in
force as fixed by registration depart for the extent of violated floor area”.

Similarly, “Sub rule No 3(30)(e) of AP Building rules-2017 vide G.O.M.S.No.119

MAUD Dt 28-03-2017 states that “Any person who whether at his own instance or
at the instance of any other person or anybody including the Government
Department undertakes or carries out construction or development of any and in
contravention of the statutory master plan or without permission, approval or
sanction or in contravention of any condition subject to which such permission or
approval or sanction has been granted shall be punished with imprisonment for a
term which may extend to three years, or with fine which may extend to ten percent
of the value of land or building including land in question as fixed by the Registration
Department at the time of using the land or building. Provided that the fine imposed
shall, in no case be less than fifty percent of the said amount”.

Further, the complainant submits that the” section 612 of AP Municipal Corporation
Act, 1955 reads, “Whoever does any act in contravention of any of the provisions
of this Act or of any one, notification or order made, issued or passed there under
and not otherwise provided for in this Act shall, on conviction be punished with
imprisonment which may extend to two years or and with fine which may extend to
two thousand rupee or both”.
 It is therefore prayed that this Hon’ble Court may be pleased to take cognizance
of the case against the accused for the offence u/s 452 & 612 of A.P. Municipal
Corporation Act-1955 and Rule-3(30)(e) of AP Building Rules-2017 vide GOm’s
119,MA&UD Dt-28-03-2017 and enquire into the matter issuing non bailable warrants
against the accused and punish the accused according to law and pass such other
orders as Hon’ble Court may deem fit and proper in the circumstances of the case.
In the Hon’ble Court of Judicial Magistrate of ….. Class, --------------------

C. C. No. /2023

Between

Guntur Municipal Corporation,

Rep. by its Commissioner Complainant

And

Sri V.Prem Kumar Accused

S/o Mastan Rao
D. No. 3-29-13/24
Krishna Nagar 5th line
Guntur-522002
Mobile-9246463448

CALCULATION SHEET FOR PENAL AMOUNT

Deviation to the sanction plan

U.C. B.A. No.1021/1380/B/GNTC/KRI/2017

One time Penalty as per Schedule U of Sec 596 of APMC Act, 1955
Locality Name: Krishna Nagar 5th lane
Name of the Owner: Sri Voleti.Prem Kumar
1 Site area 320.92q.mt.
2 Building floor area constructed
unauthorizedly and in deviation 63.12 Sqmt
to the approved plan
3. Present and Value of the site
(per Sq. Yard) as notified by
Rs.39,000/-
Stamps and Registration
Department, Govt. of A.P
4. Total Site value Rs.1,49,68,992/-
5. Total Building Value of
Rs. 75.46 sqyd x 39000 x 2=58,85,880/-
unauthorized construction

6. (PART-A) Rs. 58,85,880/-

(Rupees fifty eight lakhs eighty five
thousand eight hundred and eighty
rupees only )

Deviation to the sanction plan

U.C. B.A. No. 1021/1380/B/GNTC/KRI/2017

U.C. B.A. No. 1021/1380/B/GNTC/KRI/2017

Penal Amount as per Sub rule 3(30)(e) AP Building Rules-2017

Locality Name: Krishna Nagar 5th lane
Name of the Owner: Sri Voleti.Prem Kumar
7. Site area 320.92 Sq.mt.
8. Building floor area constructed
unauthorizedly and in deviation 330.36 Sq.mt.
to the approved plan
9. Present and Value of the site (per
Rs.39,000/-
Sq. Yard) as notified by Stamps
 Penal Amount as per Sub rule 3(30)(e) AP Building Rules-2017
and Registration Department,
Govt. of A.P
10. Total Site value Rs.1,49,68,992/-
11. 10% of Site area value Rs.14,96,899/-
12. Present Building Construction
Value (per Sq. Feet) as notified Rs.900/(for stilt),
by Stamps and Registration Rs.1400/(forGround+1st+2nd floor)
Department, Govt. of A.P
13. Total Building Value of
Rs. 44,57,265 /-
unauthorized construction
14. 10% of Building Value Rs. 4,45,726/-
15. 10 % of the value of building (Rs 14,96,899) +(Rs. 4,45,726 /-) =
including land in question Rs. 19,42,625/-
(PART-B) (Rupees nineteen lakh fourty two
thousand six hundred and twenty five
rupees only )

Grand total of the fine as per Schedule U of Sec 596 of APMC Act, 1955 and as per
AP Building rules-2017 vide G.O.M.S.No.119 MAUD dt 28-03-2017.

(I) Fine Amount as per section 452 to be read together with

Schedule U of Sec 596 APMC Act, 1955
= (PART-A)
= Rs. 58,85,880/-
(II) Fine Amount as per Sub rule 3(30)(e) of AP Building Rules-2017
= (PART-B)
= Rs. 19,42,625/-
(III) Fine Amount as per section 612 of APMC Act-1955
=(PART-C)
= Rs. 2000/-

(IV) Total Fine Amount = (PART-A) + (PART-B) +(PART-C)

= (Rs. 58,85,880/-)+ (Rs. 19,42,625/-)+(2000/-)
= 78,30,505/-
Office Note:

It is to submit that the accused Sri Voleti Prem Kumar have not stopped the
constructions of S+G+2 upper floors in deviation to the approved plan at D.No. 33, of
Krishna Nagar 5th lane, Guntur Municipal Corporation.

2. After the plan was confirmed, the accused constructed the building in deviation
to allowed setbacks and usage deviation. As per plan, the accused has to construct
building for S+G+1 by maintaining setbacks as 3.42m on front side, rear side
1.50m,side(1): 1.37m,side (2): 2.53m on remaining sides. But the building owners
constructed building with S+G+1st floor+2nd floor (partial) and not respected the
building rules. Moreover, the owner has also constructed in the portion of Stilt which
is left for parking. The accused did not pay any heed to the notice of the complainant
to stop the construction issued by the complainant U/s 452(1) & 461(1) dt-26-3-2021
of A.P. Municipal Corporation Act and then U/s 452(2) dt-03-09-2021 of A.P. Municipal
Corporation Act-1955.

3. While matter stood thus, the neighbors residing at northern side of building of
Sri.Voleti Prem Kumar s/o Mastan Rao ,Sri Ch.Ravi Kiran & Ch.Dhana Lakshmi has
mean while filed written complaint against the said building and later filed writ petition
in Honorable High Court vide WP No-1235/2024.

4. Accordingly The Guntur Municipal Corporation again served notice U/s

452(1)&461(1) dt-12-1-2024 of A.P. Municipal Corporation Act and again on dt-20-01-
2024 this corporation has served notice U/s 452(2),461(2) of A.P. Municipal
Corporation Act-1955 seeking explanation, why action should not be taken on said
building and there was no reply from the accused to GMC. The said notices have been
received by the accused, but did not comply with notices or did not stop the work. In
this regard Honorable High Court of AP has passed following order, the operational
part of which is placed below ”Guntur Municipal Corporation file a counter affidavit by
annexing no cos issued to the accused & a perusal of counter would indicate that
accused is proceeding with the construction in violation of sanctioned plan. In the view
of above, the Complainant shall see that accused shall not make any construction in
violation of the sanction plan.
5. By the time the complainant issued the above notices, the accused has
completed S+G+1stfloor+2nd floor (partial) by totally disrespecting the Building Rules
in force. Further, this corporation issued final speaking orders to remove the
construction u/s 636,637,461(2),461(4) & 452(2) of A.P. Municipal Corporation Act
vide this office U.C. B.A.No1021/1380/B/GNTC/KRI/2017,Dt-29-5-2020 as per the
order of Honourable High Court. Meanwhile during the course of hearing, this
corporation has issued letters to Sub-Register (Nallapadu), Superintendent
Engineer(APCPDCL), Executive Engineer (Water Supply GMC), Revenue officer
(Guntur West) vide ROC No-201/1021/GMC/UC/2021/G1, Dt:23-12-2023 for not
allowing registration, for disconnection of electrical and water services and to impose
additional property tax respectively. Further this office Town Planning Staff proceeded
for removal of unauthorized construction as per above orders of Honourable High
Court on dt:08-04-2024,but during removal the owner showed stiff resistance and
forcefully didn’t allow to demolition, photos showing attempt to remove are submitted
to opposite. Hence, entire effort of arresting the construction in deviation to the
approved plan have gone in vain. Such irresponsible and total disrespect to the
building rules by the accused, has jeopardized the execution of building rules. With
construction to deviated plan, the accused has caused huge loss to the Government
in terms of building fees, besides of causing uneven building pattern. The accused, if
gone unpunished, will lay examples for others to violate the building rules by setting a
worst precedent.
6. As per Schedule ‘U’ of section 596 of APMC Act 1955 has notified following
fine for violation of section 452 “In respect of non-High rise buildings violation of
setbacks on each side of each floor except building line upto ten percent of the
permissible set back, a fine equivalent to two hundred percent of the value of the land
in question which is in force as fixed by registration depart for the extent of violated
floor area. Similarly, Sub rule No 3(30)(e) of AP Building rules-2017 vide
G.O.M.S.No.119 MAUD Dt 28-03-2017 states that “Any person who whether at his
own instance or at the instance of any other person or anybody including the
Government Department undertakes or carries out construction or development of
any and in contravention of the statutory master plan or without permission, approval
or sanction or in contravention of any condition subject to which such permission or
approval or sanction has been granted shall be punished with imprisonment for a term
which may extend to three years, or with fine which may extend to ten percent of the
value of land or building including land in question as fixed by the Registration
Department at the time of using the land or building. Provided that the fine imposed
shall, in no case be less than fifty percent of the said amount.
7. In this regard, it is to submit that this office has no prosecution power to impose
above mentioned stipulated imprisonment provision or fine. Whereas, a Judicial
Magistrate can take cognizance of an offence and examine the complaint in
accordance with section 200 of Criminal Procedure code by examining the facts and
the witnesses to be read together with Section-663 of APMC Act-1955.

8. Further, Municipal Commissioner, in exercise of the power conferred under

section 119 of APMC Act, 1955 may authorize Town Planning Supervisor Smt.Shaik
Rijvana and Ward Planning and Regulation Secretary of Municipal Sachivalayam
under code-1021100 at present and in future to give evidence in court of law.

9. Therefore, the matter may be forwarded to the competent Court of Justice for
prosecuting the accused under section 612 of A.P. Municipal Corporation Act, 1955.
Accordingly, a draft complaint under section 200 of Criminal Procedure Code and
under section 612 of A.P. Municipal Corporation Act-1955,and Rule 3(31)e of AP
Building Rules-2017 (Amended) is put up at opposite for perusal and approval.

10. Accordingly, with approval, a draft letter addressed to Municipal Standing

Counsel, S.Sudhakar Reddy directing him to file the above case of unauthorizedly
deviated construction before Hon’ble court of Judicial Magistrate of 1st class at Guntur
Court under section 452,612 of Municipal Corporation Act, 1955 and Sub Rule 3(30)e
of AP Building Rules-2017 (Amended) along with charge sheets and other evidences
are put up for approval.

W.P.R.S. T.P.S A.C.P D.C.P C.P. COMMISSIONER

 GUNTUR MUNICIPAL CORPORATION

From To

Keerthi Chekuri IAS Sri S.Sudhakar Reddy

Commissioner Advocate & Municipal Standing
Guntur Municipal Corporation Counsel for Local Courts
Guntur Guntur Municipal Corporation
Guntur

U.C.B.A.No.1021/1380/B/GNTC/KRI/2017-G1, Date: .
Sir,
Sub : GMC – Town Planning Section – Deviation of approved plan B.A. No.
1021/1380/B/GNTC/KRI/2017by Sri Voleti.Prem Kumar without the
approval as per prevailing A.P.Building Rules – Notice under section 452
(1) and 461(1), 636 of APMC Act issued-Filing of case u/s 200 of
criminal procedure code to be read together with 663 & 664 of A.P
Municipal Corporation Act, 1955.

Ref : 1. Served notice dated 26-03-2021 under section 452(1) and 461 (1) of
A.P. Municipal Corporation act 1955

2. Served notice dated 03-09-2021 under section 452(2) & 461 (2) of
A.P. Municipal Corporation act 1955

3. Served notices on, dated 12-01-2024 under section 452(1) and 461 (1)
of A.P. Municipal Corporation act 1955

4. Served notices on, dated 20-01-2024 under section 452(2) and 461 (2)
of A.P. Municipal Corporation act 1955

5. Served notices on dated 27-02-2024 under section 636,637,461(2),

461(4)& 452(2) of A.P. Municipal Corporation Act-1955

******
I am to inform that one Sri Voleti.Prem Kumar have constructed building in
deviation to the plan approved vide B.A.No.1021/1380/B/GNTC/KRI/2017, without
obtaining permission from Municipal Corporation and in violation of A.P. Municipal
Corporation Act and building rules in the locality at D. No. 33 of Krishna nagar 5th lane,
Guntur of Guntur Municipal Corporation. This office has issued notice u/s 452(1) and
461(1) of AP Municipal Corporation (APMC) Act dt : 26-03-2021 and then further
notice u/s 452(2) & 461(2) of APMC Act 1955 dt: 03-09-2021 and again issued notice
u/s 452(1) and 461(1) of AP Municipal Corporation (APMC) Act dt : 12-01-2024 and
then further notice u/s 452(2) & 461(2) of APMC Act 1955 dt: 20-01-2024, Further,
this corporation issued final speaking orders to remove the construction u/s
636,637,461(2),461(4) & 452(2) of A.P. Municipal Corporation Act dt-27-02-2024.
The accused has been showing stiff resistance and not allowing town planning staff for
attempting to demolish the building further. This office has prepared a charge sheet for
criminal prosecution of the accused in court of law under section 461(4) of APMC Act,
1955.

I, therefore request you to file a case against Sri Voleti Prem Kumar on behalf
of the Municipal Corporation under u/s 200 of criminal procedure to be read together
with sections 663,664 &666 of APMC Act-1955 and as per section 452(2) to be read
together with section 596 (Schedule-u) & 612 of APMC Act-1955 and under rule
3(30)(e) of AP Building Rules 2017(amended) and inform the stage of the case. Copy
of the charge sheet in detail along with relevant enclosures are enclosed herewith for
the needful.

Encl: As stated.

Commissioner
Guntur Municipal Corporation

Copy to TPS-1 Sri/Smt Shaik Rijvana & to WPRS Sri. C. Jagan Mohan. They are
directed to attend the office of the M.S.C, S.Sudhakar Reddy, Municipal Corporation
and submit details of the complaints and whosever posted in place of them are also
instructed to attend the court with connected files, without fail whenever posted the
case.