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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.VINOD KUMAR
Cheguri Anitha @ Andalu – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Writ Petition is filed with the following prayer:
“…to issue an appropriate writ, order or orders to set aside the order passed in W.P.No.9979 of 2024, dt.18.04.2024, and to issue a consequential direction to the respondents 2 to 5 not to proceed against the property bearing No.6-3-1177/A/120 and 6-3-1177/A/104, B.S. Maktha, Begumpet, Hyderabad, till the disposal of the application filed by the petitioner under Section 455A of the GHMC Act, 1955 and pass such order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case..”
2. Heard learned counsel appearing for the petitioner, learned Government Pleader for Municipal Administration & Urban Development (MA&UD) appearing for respondent No.1, Sri K.Siddharth Rao, learned Standing Counsel appearing for respondent Nos.2 to 5, and with their consent the Writ Petition is taken up for hearing and disposal at admission stage.
3. Having regard to the nature of lis involved and the manner of disposal of the Writ Petition, this Court is of the view that notice to unofficial respondent No.6 is not necessary for adjudication of the present Writ Petition.
4. The case of the petitioner as set out in the
Unauthorized construction cannot be regularized if it deviates from sanctioned plans, and failure to obtain proper permissions invalidates subsequent legal claims for regularization.
The court noted that unauthorized construction may be regularized under existing rules if deviations are minor, requiring proper procedures for addressing complaints.
The court affirmed that any citizen can file complaints regarding unauthorized constructions, emphasizing strict enforcement of planning laws to prevent illegal activities.
Demolition proceedings of regularized structures must comply with due process, and prior regularization must be acknowledged in actions taken by municipal authorities.
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
The court mandated the Municipality to expeditiously process the pending regularization application for unauthorized construction, emphasizing compliance with statutory timelines and precedents set b....
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