THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.5199 OF 2025

ORDER :

Notice vide Lr.Roc.No.410880/2022/K2 dated 24.06.2024 issued by respondent No.4 - the Commissioner, Ieeja Municipality, Ieeja, Jogulamba Gadwal District, invoking the power under Section 180(1) of the Telangana Municipalities Act 2019, to the petitioners by levying a penalty of Rs.37,60,152/- (Rupees thirty seven lakhs sixty thousand and one hundred and fifty two only) for illegal construction of building in Survey No.908 of Ieeja Town and Municipality, Jogulamba-Gadwal District, is challenged in this writ petition as being illegal and arbitrary. The petitioners also sought a consequential relief to direct respondent No.4 to assess the subject building for house tax under the provisions of the Telangana Municipalities Act 2019.

2.1. It is stated that the petitioners are owners of the land admeasuring Acs.2-00 (now converted into plots) in Survey No.908 situated at Ieeja Town and Municipality, Jogulamba-Gadwal District. The said property was divided into plots and partitioned among the petitioners and thereafter applications for grant of individual building permissions have been made. However, as the petitioners belong to one family, they have constructed common roof for all the structures.

Respondent No.4 has informed that the building constructed by the petitioners is in violation of the sanctioned plan. The construction of the building was stopped by respondent No.4.

2.2. It is stated that the Director of Town and Country Planning has addressed a letter to the Director of Municipal Administration stating that as per Section 180(1) of the Telangana Municipalities Act 2019 (for short ‘Municipalities Act’), penalty can be imposed on unauthorised constructions. On receipt of the said letter, the Director of Municipal Administration has requested respondent No.4 to take action against the petitioners as per Section 180(1) of the Municipalities Act. Thereafter, respondent No.4 issued show cause notice dated 14.02.2023 informing the petitioners that the building constructed by them is in contravention of the building permission and the Municipal Council has calculated the penalty of Rs.37,60,152/- for construction of the building in deviation of the sanctioned plan. It is stated that subsequently another show cause notice dated 14.02.2023 under Sections 178(6) and (8) and 181 of the Municipalities Act was issued to the petitioners calling upon them to show cause as to why the unauthorised building constructed in deviation of the sanctioned plan shall not be removed. Questioning the said show cause notice, an appeal was preferred by the petitioners before the Regional Director cum Appellate Commissioner of Municipal Administration, Hyderabad wherein order dated 20.06.2023 was passed vide Proceedings No.E-557392/RDMA/A1/2023 dated 20.06.2023 holding that issuance of one show cause notice against all the petitioners for unauthorised construction in deviation of the sanctioned plans is not correct. The appeal was allowed and respondent No.4 was directed to issue individual show cause notice to each building permission holder by specifically mentioning about the extent of deviations made by the individuals in contravention to the sanctioned plan. It was further observed that the petitioners have to take immediate action for removal of the deviated portion as per the individual building permission sanctioned by the Municipality within the stipulated time.

2.3. It is further stated that after receipt of individual show cause notice dated 22.06.2023, each of the petitioners gave a reply on 23.06.2023 stating that they will remove the deviation portion of the structures as directed by the Municipality and accordingly deviation portions were removed on 03.07.2023 which is evident from the letter of respondent No.4 dated 10.11.2023.

2.4. It is stated that deviations of the subject building were removed and respondent No.1 - the Principal Secretary, Municipal Admini