ORDER:

This writ petition is filed questioning the action of respondentNos.1 to 3 in not taking any action against respondent No.4 formaking illegal construction on Plot No.261, H.No.4-35/4, Opp. IICTColony, Community Bhavan, Buddha Nagar Colony, PeerzadigudaMunicipality (hereinafter referred as “subject property”). Aconsequential prayer is sought to direct respondent Nos.1 to 3 to take action against respondent No.4 to demolish the structure, which is illegally constructed at the subject property.

2. Brief facts of the case as stated are the petitioner is represented by her General Power of Attorney holder. It is submitted that the petitioner is the absolute owner and possessor of plot No.262 in Survey No.45, 49 and 50 admeasuring 242.50 square yards by virtue of deed of gift settlement vide registered document No.9605/2008, dated 23.10.2008 registered at S.R.O. Uppal. It is submitted that plot No.262 is vacant and covered by compound wall. It is submitted that the respondent No.4 taking advantage of the petitioner’s absence, without intimation has removed the existing compound wall by encroaching into the petitioner’s property. Aggrieved by the action of respondent No.4, the petitioner made several representations to the respondent authorities regarding encroachment of respondent No.4 into petitioner’s property and illegal construction being undertaken by him. But till date, the said representations are not acted upon by the respondent authorities. As such, the present writ petition is filed.

3. Learned counsel for the petitioners submits that since petitioner’s representations 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. P.Krishna Reddy, learned Standing Counsel for Municipalities appearing on behalf of respondent Nos.2 and 3 would submit that a notice has already been issued to respondent No.4 pursuant to the petitioner’s representation and appropriate action would be taken in due course of time.

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’) and Section 174(5) of the Telangana Municipalities Act, 2019 encourages citizens to put on notice to the Civic Authorities regarding unauthorized constructions.Section 7(6) of the TS-bPASS 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.”

Section 174(5) of the Telangana Municipalities Act, 2019 is extracted for reference:

“174. Approval of Building Permissions –...(5) 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 perm