YSRCP Moves Andhra Pradesh High Court Alleging 'Targeted Demolition' Of Party Office After Govt Change, Status Quo Ordered

The Andhra Pradesh High Court has ordered status quo on the demolition proceedings initiated against YSRCP Party office in Srikakulam District, soon after a shift in the State's political regime.

Justice B. Krishna Mohan asked the government pleader to obtain instructions by tomorrow, and ordered status quo till then. The plea was heard after an urgent lunch motion was moved by the General Secretary and District President of the YSRCP.

A notice was issued by the Srikakulam Municipal Commissioner on June 24, proposing to demolish the partly erected YSRCP party office.

Senior counsel Veera Reddy appearing for the Party contended that demolition is never resorted to at the first instance. He stated that the land was leased to the YSRCP by way of a GO for 33 years and the land was handed over to the party in 2022. He said the site was inspected and all necessary permissions were taken before starting construction. Thus, the construction could in no way be deemed illegal.

He stated that even otherwise, Section 90-A of the Andhra Pradesh Metropolitan Region and Urban Development Authorities Act and Section 455A of Municipal Corporation Act, 1955 would empower the authorities to regularise the construction.

Relying on the 3 Aces judgment, he reiterated that demolition order should be passed only in an exceptional circumstance.

He also brought to the notice of the Bench, a previous writ, that was filed by the party for similar relief, wherein the TDP-led government was directed to demolish constructions only in accordance with law. "But, the very next day the State illegally demolished another YSRCP office that was under construction," he said.

The Senior Counsel argued that demolition orders were politically motivated following the change of Governance within the State.

“It is humbly submitted that, after the change in the Government, the recent impugned Provisional Order/s were issued by Srikakulam Municipal Corporation, under political pressure, rather than genuine concerns about legality or compliance. Such actions undermine the democratic rights of political parties to operate and function within the framework of the law. I further submit that the impugned proceedings appear to have been issued mechanically in cyclostyle without referring to the pending applications and fee that had been paid, as required,” the plea read.

On the other hand, government pleader appearing for the Srikakulam Municipal Corporation argued that demolition will only be done in accordance with the established procedure. It was contended that the issuance of proceedings itself is proof that due process is being followed for conducting any demolitions. He submitted that all local authorities would be directed to function only in accordance with law and prayed that the petition itself be dismissed.

He contended that any 'Stay' ordered on the proceedings would only drag the matter, as nobody would appear for the hearing and prayed that the Writ itself is liable to be dismissed as it is filed without any documentation or proof.

The Bench after hearing both sides noted that a status quo order for one day would not cause any kind of hindrance. It thus granted a stay on the demolition proceedings for one day and directed the State to get instructions and file a counter in the matter.

Case Title: YSRCP vs. State of AP

Counsel for petitioner: Senior Counsel Veera Reddy appearing on behalf of Tagore Yadav Yaragorla

Counsel for the respondent: GP for Municipal Corporation.