The Andhra Pradesh High Court on Monday delivered a significant order directing Machilipatnam Municipal Corporation to determine the pending “impact fee” and issue the long-delayed occupancy certificate for the newly built YSRCP district party office. The hearing, which ran for nearly an hour, saw Justice Harinath N questioning the authorities more than once on why a routine civic matter had turned into a prolonged tussle.
At one point, the judge remarked quite sharply,
“The routine process cannot be stalled due to external pressures,” leaving the courtroom unusually silent.
Background
The dispute arose from a two-acre parcel of leased government land in Edepalli, where the YSR Congress Party constructed its district office after obtaining building permission in June 2024. According to the petition, the party paid taxes, permit fees, and even responded to every ‘shortfall notice’ from municipal authorities.
Yet, the occupancy certificate essential for using the building never came.
Officials instead issued a provisional demolition notice in June 2024, prompting the party to challenge it in WP No.13396 of 2024. That notice was later withdrawn, but the certificate still didn’t arrive. Meanwhile, the petitioners alleged that even their Licensed Technical Person (LTP), who uploads mandatory documents online, was denied access.
“The hostility was obvious,” counsel for the petitioners argued, claiming the obstruction was “politically motivated”.
The municipality, however, insisted another ₹25 lakh impact fee remained unpaid, and nothing could move without it.
Court’s Observations
Justice Harinath N examined the sequence of events closely. The judge noted that the building was constructed strictly as per the sanctioned plan, taxes were paid, and even physical copies of documents were submitted when the online system allegedly blocked the LTP.
Importantly, the court clarified that Rule 3(22) of the A.P. Building Rules invoked by authorities to insist on online submission applied only at the stage of building permission, not after completion of the construction. Justice Harinath observed:
“The building has already crossed the sanction stage. The authorities must process the occupancy certificate in the normal course.”
Another issue that caught the court’s attention was the repeated removal of slabs laid by the petitioners over an open municipal drain to create an access path. The judge seemed unconvinced by the State’s logic. At one point, he said,
“Laying slabs over open drains, without blocking the water, only increases public safety. Why demolish it repeatedly?”
The bench also hinted at a possible pattern:
“The inaction speaks for itself. It suggests pressure or influence operating behind the scenes.”
Decision
The High Court issued a firm set of directions:
- Municipal authorities must calculate the exact impact fee estimated earlier at ₹25 lakh and communicate it to the petitioners within two weeks.
- Once the petitioner pays the impact fee, the municipality must issue the occupancy certificate within one week.
- Authorities were also barred from disturbing or demolishing the slabs laid over the drainage channel, as long as the water flow remains unobstructed.
- The writ petition was disposed of with no order as to costs.
The order effectively ends a long stalemate and clears the way for the YSRCP district office to formally start functioning something the party has been attempting for months.
Case Title: Yuvajana Shramika Rythu Congress Party (YSRCP) & Perni Venkata Ramaiah @ Nani vs. State of Andhra Pradesh & Others
Case Number: Writ Petition No. 20853 of 2025
