A 3-judge Full bench of High Court of Andhra Pradesh had passed these guidelines for Municipal bodies in regards to Demolition of structures.
When the Corporation comes to the conclusion, keeping the above guidelines in view, that the construction in question is required to be demolished or pull down, it should follow the procedure indicated below:
(i) The demolition should not be resorted to during festival days declared by the State Government as public holidays excluding Sundays. If the festival day declared by the Government as a public holiday falls on a Sunday, on that Sunday also, the Corporation should not resort to demolition.
(ii) In any case, there should not be any demolition after sun set and before sun rise.
(iii) The Corporation should give notice of demolition as required by the statute fixing the date of demolition. Even on the said date, before actually resorting to the demolition, the Corporation should give reasonable time, depending upon the premises sought to be demolished, for the inmates to withdraw from the premises. If within the time given the inmates do not withdraw, the Corporation may proceed with actual demolition;
These guidelines are laid down in view of the fact that the Corporation is a public authority and its action must be tested on the touchstone of fairness and reasonableness.
Citations : [LQ 1994 HC 3056], [1995 AIR AP 17], [1995 ALD 1 1], [1994 SCC ONLINE AP 176], [1994 AP LJ 2 194], [1994 (3) ALT 73 (FB)]
Other Sources :
https://indiankanoon.org/doc/1602396/
https://www.casemine.com/judgement/in/5608f72ee4b014971113f5be
https://www.legitquest.com/case/3-aces-hyderabad-v-s-municipal-corporation-of-hyderabad/36BCA
https://www.lawyerservices.in/3-ACES-HYDERABAD-VERSUS-MUNICIPAL-CORPORATION-OF-HYDERABAD-1994-09-02
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