State authorities are statutorily obligated to examine and act upon public complaints regarding unauthorized constructions. Courts must refrain from regularizing illegal developments, emphasizing the need for strict adherence to master plans and town planning regulations for planned urban growth.

ORDER:

This writ petition is filed questioning the inaction of respondents on the complaints made by the petitioners on 04.03.2026, 11.08.2025, 19.05.2025, 23.05.2025 and 02.03.2025. A consequential prayer is sought to direct the respondents to remove illegal encroachment on the public path and illegal construction vide house bearing No.7-1-229, Bendimet, Maruthi Veedhi, Secunderabad (hereinafter referred as “subject property”).

2. Brief facts of the case as stated are that the petitioner and respondent No.5 are residents of the subject property. It is submitted that the respondent No.5 is illegally constructing G+4 floors building by occupying the public path without permission of the Municipal Authorities. It is further submitted that due to said constructions, the petitioner being a old aged person, is suffering to move on the same and is causing lot of inconvenience to the petitioners and passersby. Aggrieved by the action of respondent No.5, the petitioner made aforesaid representations. But till date, no action has been initiated on the said representations. As such, the present writ petition is filed.

3. Learned counsel for the petitioners submits that since petitioner’s representations 04.03.2026, 11.08.2025, 19.05.2025, 23.05.2025 and 02.03.2025 are 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. G.Madhusudhan Reddy, learned Standing Counsel for GHMC appearing for respondent Nos.2 to 4 submits that the petitioner’s representations dated 04.03.2026, 11.08.2025, 19.05.2025, 23.05.2025 and 02.03.2025 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 to 4 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 confidential. All such cases shall be examined within a week from such information and appropriate action initiated. The information shall be incentivized in all such cases where the information, furnished by him is found to be correct.”

8. For better appreciation, this Court deems it appropriate to refer some of the relevant Sections of Greater Hyderabad Municipal Corpora