T. VINOD KUMAR
Chintala Kumar Yadav – Appellant
Versus
State of Telangana – Respondent
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, lea
O.P. Sharma and Ors. vs. High Court of Punjab and Haryana
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Dr. G.N. Khajuria vs. Delhi Development Authority MANU/SC/0064/1996 : 1995 (5) SCC 762
M.I. Builders Pvt. Ltd. vs. Radhey Shyam Sahu MANU/SC/0999/1999 : 1999 (6) SCC 464
Friends Colony Development Committee vs. State of Orissa MANU/SC/0933/2004 : 2004 (8) SCC 733
M.C. Mehta vs. Union of India MANU/SC/8028/2006 : 2006 (3) SCC 399
S.N. Chandrasekhar vs. State of Karnataka MANU/SC/8005/2006 : 2006 (3) SCC 208
The court affirmed that any citizen can file complaints regarding unauthorized constructions, emphasizing strict enforcement of planning laws to prevent illegal activities.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
Point of law: Giving false evidence by filing false affidavit is an evil which must be effectively curbed with a strong hand. Prosecution should be ordered when it is considered expedient in the inte....
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
Construction without valid municipal sanction is illegal, and reliance on oral assurances does not legitimize unauthorized actions, emphasizing the necessity of strict adherence to statutory requirem....
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
The duty of municipal officers to take action against illegal and unauthorized structures, and the need for a well-considered approach by the Civil Court in dealing with applications for temporary in....
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