Municipal authorities are mandated to consider representations regarding unauthorized constructions, conduct inspections, and take legal action after providing a fair hearing to all parties, in accordance with the GHMC Act and TS-BPASS Act.

ORDER:

This writ petition is filed questioning the action of respondent Nos.2 to 4 in not considering the petitioner's representation dated 17.02.2026. A consequential prayer is sought to direct respondent Nos.2 to 4 to consider the petitioner's representation dated 17.02.2026 and demolish the illegal construction being carried on by respondent Nos.5 to 8 in western portion of premises bearing No.14-8-468 (Old No.14-8-472/2) situated at Chandra Kiran Harijan Basthi, Purana Pul, Hyderabad, Telangana State (hereinafter referred as "subject property") and meanwhile direct the respondent Nos.5 to 8 not to proceed with any illegal construction in the subject premises.

2. The petitioner submits that he is the joint owner and possessor of the subject property. The main grievance of the petitioner is that the respondent Nos.5 to 8 without any legal right, lawful permission or any permit are carrying out illegal construction on the western side of the petitioner's subject property and have demolished the same without the consent of the petitioner consent and other co-occupiers and are also attempting to encroach into the petitioner's property without legal right or entitlement over the same. Aggrieved by the action of respondent Nos.5 to 8, the petitioner made the aforesaid representation to respondent Nos.2 to 4. 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 petitioner submits that since petitioner’s representation dated 17.02.2026 is 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 No.2 submits that the petitioner’s representation dated 17.02.2026 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 No.2 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.

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7. Approval of Building Permissions-

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(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