Municipal authorities are statutorily obligated to act upon representations regarding unauthorized constructions by following due process, conducting inspections, and ensuring adherence to town planning laws without granting undue relief to violators.

ORDER:

This writ petition is filed questioning the action of respondent authorities in not acting on the petitioner’s representation dated 24.02.2026 and in not stopping the illegal construction undertaken by respondent No.4 at the House premises bearing No.14-11-435, Jinsi Chowrahi, Ghode Ki Khabar, Hyderabad (hereinafter referred as “subject property”). A consequential prayer is sought to direct respondent authorities to act on the said representation and immediately stop the illegal construction undertaken by respondent No.4 at the subject property.

2. The brief facts of the case as stated are that the petitioner’s grandfather was the owner and possessor of the subject property. Subsequent to his demise, the petitioner and his family are staying in the subject property. It is further submitted that the respondent No.4 (the petitioner’s uncle) started illegal construction on the subject property without obtaining any valid permissions from the GHMC officials. It is further submitted that the construction being undertaken by respondent No.4 is not foolproof and would endanger the inmates residing in the subject property. Aggrieved by the action of respondent No.4, the petitioner made a representation to respondent Nos.2 and 3 on 24.02.2026 requesting to take immediate action to stop the illegal construction being undertaken by respondent No.4. But, no action was initiated on the said representation. As such, the present writ petition is filed.

3. Learned counsel for the petitioner submits that since petitioner’s representation dated 24.02.2026 is still pending for consideration, the respondent authorities may be directed to consider the same and take action in a time bound period.

4. On the other hand, Mr. M.Arun Kumar, learned Standing Counsel for GHMC appearing for respondent Nos.2 and 3 submits that the petitioner’s representation dated 24.02.2026 will be considered, if not already considered, and appropriate action would be initiated, in accordance with law, and prays this Court to pass appropriate orders.

5. Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondent Nos.2 and 3 and perused the material made available on the record.

6. Since this Court, time and again, directed the Municipal Authorities to initiate action against the illegal constructions by following due process of law, it is noticed that the authorities are failing to initiate action against the illegal constructions. However, in some of the cases, authorities are issuing statutory notices and thereafter not proceeding further to initiate further course of action unless writ petitions are filed for not considering complaints/ representations made to civic authorities.

7. It is not out of place to mention Section 7(6) of the Telangana State Building Permission Approval and Self Certification System (TS-BPASS) Act, 2020 (for short ‘the TS-BPASS Act’) which also encourages citizens to put on notice to the Civic Authorities regarding unauthorized constructions. Section 7(6) of the TS-BASS Act is extracted for reference.

“7. Approval of Building Permissions-

….

(6) Citizens shall be encouraged to bring to the notice of Municipality and District Collector cases where unauthorized construction or construction in violation of or in excess of permissions, in the manner prescribed. The identity of such informers shall be kept