Municipal authorities have a statutory duty to act against unauthorized construction by following due process, and writ courts will enforce this mandate to ensure compliance with urban planning laws and prevent chaotic, illegal urban development.

ORDER:

This writ petition is filed questioning the action of respondent Nos.2 and 3 in not stopping the illegal and unauthorized construction being carried out by respondent Nos.4 and 5 in respect of the premises bearing Municipal No.2-23-48/86/3A, Adarsh Nagar, Uppal, Hyderabad (hereinafter referred as “subject property”). A consequential prayer is sought to direct respondent Nos.2 and 3 to stop the illegal and unauthorized construction being carried out by respondent No.5 at the subject property.

2. Brief facts of the case as stated are that the petitioner claims to be the absolute owner of the property bearing Municipal H.No.2-23-48/86/3A/1, Adarsh Nagar, Uppal, Hyderabad. It is submitted that the respondent Nos.4 and 5 started illegal construction at the subject property without obtaining any permission from GHMC authorities and without maintaining leaving any passage. Aggrieved by the action of respondent Nos.4 and 5, the petitioner made representation to respondent No.2 & 3 – Deputy Commissioner, Uppal, GHMC and Assistant City Planner, Uppal Circle, GHMC on 27.12.2025 to stop the illegal constructions being carried out by respondent Nos.4 and 5. But till date no action has been initiated on the said representation. As such, the present writ petition is filed.

3. Learned counsel for the petitioners submits that since petitioner’s representation dated 27.12.2025 is still pending for consideration, though the said representation is acknowledged on the same day, the respondent authorities may be directed to consider the same and take action in a time bound period.

4. On the other hand, Mr. Srinivas Rao Pachwa, learned Standing Counsel for GHMC appearing for respondent Nos.2 and 3 on instructions would submit the respondent No.5 applied for building permission. Accordingly, a revised provisional building permit order was issued on 13.10.2025 by respondent No.2 – Deputy Commissioner, Uppal Circle No. 2, L.B.Nagar Zone for construction of Ground + 1 Upper Floor to an extent of 110.57 square meters situated at part of plot No.86, dismantled H.No.2-23-48/86/3A in Surevy No.26, Chilkanagar, Uppal (Medchal-Malkajgiri) Mandal, Medchal-Malkajgiri District. It is further submitted that pursuant to the petitioner’s representation, the office of respondent No.2 inspected the site and observed that the respondent No.5 is constructing the building without leaving any setbacks at the subject property. As such, the respondent authorities would take further action strictly in accordance with law under the provisions of GHMC Act, 1955 and TG-bPASS Act, 2020 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’) encourages citizens to put on notice to the Civic