Municipal authorities must strictly enforce town planning laws and building regulations against unauthorized constructions, ensuring due process and fair hearings, without the courts exercising equitable jurisdiction to regularize such illegalities.

ORDER:

This writ petition is filed questioning the action of respondent Nos.2 to 5 in not taking action pursuant to the complaints made by the petitioner on 07.08.2025 and 02.12.2025. A consequential prayer is sought to direct respondent Nos.2 to 5 to act upon the aforesaid complaints by demolishing the illegal, unauthorized construction and encroachment by respondent No.6 in Door No.13-9-1/3/2/1, Plot No.15, Radha Krishna Nagar, Borabanda, Hyderabad (hereinafter referred as "subject property").

2. The petitioner submits that the respondent No.6 is the owner of the subject property. The respondent No.6 is constructing building (Ground + 3 Upper Floors) without leaving any setbacks, without following the norms and rules of GHMC and without obtaining valid permission on the subject property. Aggrieved by the action of respondent No.6, the petitioner made a complaint to respondent authorities seeking vigilance enquiry and requested to demolish illegal and unauthorized constructions being raised by respondent No.6. Pursuant to the said complaint, the respondent No.3 issued notice bearing No.009/ACP/TPS/C23/KZ/GHMC/2025, dated 09.04.2025 directing respondent No.6 to submit the copy of the building sanctioned plan, LRS, sale deed, etc,. Thereafter, the respondent authorities have not acted against respondent No.6 for his illegal and unauthorized construction. Questioning inaction of respondent No.3, the present writ petition is filed.

3. Mr. K.Ravi Mahender, learned Standing Counsel for GHMC appearing for respondent Nos.2 to 5 submits that the respondent authorities would take further course of action in accordance with law.

4. Heard learned counsel for the petitioner and learned Standing Counsel for GHMC appearing for respondent Nos.2 to 5.

5. 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.

6. 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 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.”

7. 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 p