The court affirmed that any citizen can file complaints regarding unauthorized constructions, emphasizing strict enforcement of planning laws to prevent illegal activities.

ORDER :

This Writ Petition is filed for issuance of a Writ of Mandamus declaring the action of respondent No.3 in not taking action against the unauthorized construction raised by respondent Nos.4 to 6 without obtaining prior building permission and without having valid title to the land admeasuring Ac.0.36 gts on Plot No.327, in Sy.Nos.78 to 93 situated at Raja Rajeswara Nagar of Kondapur Village, Serilingampally Municipality, GHMC, Ranga Reddy District despite receipt of petitioner’s complaint/representation dated 28-02-2024, as illegal, arbitrary and in violation of Telangana Municipalities Act, 2019 and TSbPASS Act, 2020 and Articles 21 and 300-A of the Constitution of India and consequently direct respondent No.3 to demolish the unauthorized structures raised by respondent Nos.4 to 6.

2. Heard Sri B. Mayur Reddy, learned Senior Counsel for Sri Saini Aravind, learned Counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing on behalf of respondent Nos.1 and 2, Sri M.A.K. Mukheed, learned Standing Counsel appearing on behalf of respondent No.3 and Sri Unnam Muralidhar Rao, learned Senior Counsel for M/s. Unnam Law Firm, learned Counsel appearing on behalf of respondent Nos.4 and 5, and perused the record. With the consent of learned Counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal.

3. Shorn of unnecessary details, the case of the petitioner is that he is the owner of plot No.327 admeasuring 720 sq. yards in Sy.No.82 situated in Raja Rajeshwari Nagar at Kondapur village, Serilingampally Mandal, Ranga Reddy District having acquired the same through family settlement; and that respondent Nos. 4 to 6 herein without obtaining any building permission have made unauthorized construction of commercial structure on the land admeasuring Ac.0.36 gts in Sy.No.82 and 83 part; and was also running a commercial establishment therein.

4. It is the further case of petitioner that on noticing the aforesaid unauthorized construction made by the unofficial respondents, he had approached the respondent authorities and made an application under the Right to Information Act, 2005 requesting the authorities to furnish information as to whether any building permission has been granted in respect of property located on Plot No.327 in Sy.Nos.78 to 93 situated at Raja Rajeshwari Nagar, Kondapur, Serilingampally Municipality, Ranga Reddy District; and that in response to the aforesaid application, the respondent authorities by their reply have categorically stated that no building permissions were traceable for the construction made on Plot No.327 in Sy.Nos.78 to 93 situated at Raja Rajeshwari Nagar, Kondapur, Serilingampally Municipality, Ranga Reddy District.

5. Petitioner further contends that on receiving the aforesaid intimation from the respondent authorities under the RTI Act, he had approached the respondent authorities and lodged a complaint/representation on 28-02-2024 requesting the 3rd respondent to initiate action against the unauthorized construction made by the unofficial respondents by exercising their powers under the Greater Hyderabad Municipal Corporation Act, 1955 and TS-bPASS Act, 2020.

6. Petitioner further contends that in spite of him approaching the respondent authorities and submitting a complaint / representation on 28-02-2024, no action has been initiated and hence, this Writ Petition.

7. Per contra, learned Standing Counsel appearing on behalf of respondent Nos.2 and 3 submits that on receiving the complaint/representation from the petitioner, the respondent authorities have inspected the site under reference and observed that the owner of plot No.327 of Sy.Nos.78 to 93 situated at Raja Rajeshwari Colony, Kondapur villge, Serilingampally Mandal had unauthorisedly constructed ground floor (shed), wherein a commercial establishment of a Super Market is being run.

8. Learned Standing Counsel further submits that the authorities, on notic