THE HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.15264 of 2024

ORDER

Heard learned counsel for petitioners, learned Government Pleader for Municipal Administration & Urban Development Department appearing for respondent Nos.1 & 2, Sri B.Jagan Madhav Rao, learned Standing Counsel appearing for respondent No.3, and with the consent of the counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposal at admission stage.

2. The case of the petitioners, in brief, is that they are the owners and possessors of the property situated at BTS colony besides Canara Bank, Vikarabad Municipality; that intending to set up a solar roof top under PM-Surya Ghar Muft Bijli Yojana, with the capacity of 10kWp, they have erected steel structures in the subject premises for installation of solar panels; that the 3^rd respondent- authority, without taking note of the fact that the said structure erected is intended for fixing the solar panels thereon, had issued a show-cause notice, dt.01.05.2024 under a wrong assumption that the said structure is being raised for making unauthorized construction; that the petitioners have submitted a reply, dt.14.05.2024, mentioning the aforesaid fact; and that without considering the same, the impugned order, dt.01.06.2024, has been passed, whereby the petitioners have been directed to remove the structure raised by them within 15 days from the date of the receipt of the said proceedings.

3. Petitioners further contend that in the event of the petitioners using the structure erected in the subject premises for any other purposes other than for installation of solar panels, the respondents-authorities are at liberty to take action there against.

4. Per contra, learned Standing Counsel appearing on behalf of the 3^rd respondent submits that the structure that has been erected by the petitioners is abutting to the existing building, which is being used as a Function Hall and is erected to serve as an extension to the said function hall.

5. Learned Standing Counsel further submits that even if the structures are needed to be raised for installation of solar panels, they would not be in the manner as raised by the petitioners, as is appearing from the photographs filed along with the writ petition, and as such the authorities did not find the explanation submitted by the petitioners to be acceptable and thus, they have passed the impugned order.

6. Learned Standing Counsel further submits that since the petitioners have erected steel structures for being used as a roofing without obtaining any permission, and inasmuch as Section 2(5) of the Telangana Municipalities Act, 2019 (for short ‘the Act’) takes into in its ambit any structure, be it of a steel or otherwise, to be a ‘Building’, the petitioners are required to obtain prior permission, which have failed to take. Hence, the impugned order was passed after issuing notice.

7. I have taken note of the respective submissions made.

8. Though the petitioners contend that the structure raised by them is intended to be used for fixing of solar panels under the Scheme being implemented by the Ministry of New and Renewable Energy(Rooftop Solar Division), the structure as erected as is evident from the photographs annexed to the writ petition indicates the same is intended to be used as a cover/roof over the area.

9. Though the petitioners had categorically asserted that the subject structure would only be used for fixing solar panels, for which, they had obtained registration, from the Ministry of New and Renewable Energy, it is to be seen that the said registration had been obtained by the petitioners only on 04.06.2024 viz., after the respondent- authorities initiating proceedings against the raising of structures unauthorizedly by issuing a show-cause notice, dt.01.05.2024, and thereafter passing the impugned order, dt.01.06.2024. It is only after the impugned order came to be passed, the petitioners have obtained registration on 04.06.20