ORDER:

This writ petition is filed questioning the action of respondent authorities more particularly respondent No.4 in not taking any action against the illegal and deviated new building construction made by respondent Nos.5 and 6 in their premises bearing H.No.8-2-293/K/94 in Plot No.94 at Kamalapuri Colony, Khairatabad, Hyderabad (hereinafter referred as “subject property”), without maintaining appropriate setbacks as per the sanctioned plan. A consequential prayer is sought to direct the official respondents – GHMC authorities to take appropriate action against the illegal construction carried by respondent Nos.5 and 6.

2. Brief facts of the case as stated are that the petitioner claims to be the owner of the building bearing Municipal No.8-2-293/K/93 in plot No.93, situated at Kamalapuri Colony, Khairatabad, Hyderabad. It is further submitted that the respondent Nos.5 and 6, who are the neighbors of the petitioner, started construction over the subject property deviating the sanctioned plan and without maintaining appropriate setbacks, which would result inconvenience to the neighboring residents in terms of ventilation and fire safety. Aggrieved by the action of respondent Nos.5 and 6, the petitioner made representations on 17.11.2025 and 09.02.2026 to official respondents requesting to inspect the subject property and to ensure that the owner of the subject property adhere to the sanctioned plan by observing building norms.

3. Learned counsel for the petitioner submits that since petitioner’s representations dated 17.11.2025 and 09.02.2026 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. M.Arun Kumar, learned Standing Counsel for GHMC appearing for respondent Nos.2 to 4 submits that the petitioner’s representations dated 17.11.2025 and 09.02.2026 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 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 Corporation Act, 1955 (hereinafter referred to as ‘the GHMC Act’).

Section 428 of the GHMC Act, 1955

428. Notice to be given to commissioner of intention to erect a building: (1) Every person who intends to erect a building