Municipal authorities must promptly act on complaints of unauthorized constructions as per statutory obligations, affirming due process must be followed.

ORDER:

This writ petition is filed questioning the action of respondent Nos.1 to 3 for not taking action on the illegal construction i.e., Arch Construction by respondent No.4/Shree Durga Pochamma Devasthanam situated on the road portion at street No.10, Tarnaka (after lalaguda flyover towards OU) (hereinafter referred as ‘subject property) encroaching on the public road in Hyderabad as being illegal and seeking a consequential direction to respondent No.3 to submit complete action report.

2. Brief facts of the case as stated are that the petitioner observed illegal Temple Arch construction made by the respondent No.4 on 27.02.2026 at Tarnaka and filed a twitter (now x) through his counsel on the same day but, the respondent No.3 did not take any action. A complaint was filed on 15.03.2026 on GHMC Mobile App however; the respondent authorities failed to act on the said complaint within one week as per the law enacted under TG-bPASS Act, 2020. Aggrieved by the said inaction, the present writ petition has been filed.

3. Learned counsel for the petitioner submits that petitioner had made a complaint on 15.03.2026 vide Grievance Reddressal Cell through GHMC Mobile App stating that respondent No.4 temple in Tarnaka is building an illegal arch. Learned counsel has further drawn attention of this Court to photographs annexed to this writ petition, wherein it is noted that digging activity is being undertaken on the road. Learned counsel for the petitioner submits that in the event of the respondent authorities demolishing the unauthorized structures over the subject property, there is chance of respondent No.4 again starting unauthorized structures, as respondent No.4 is not effected in any way as the demolition expenses are being incurred by the respondent authorities from the public money as such a direction may be given to the respondent authorities concerned to collect the expenses incurred for demolition of unauthorized structures over the subject property from the respondent No.

4. It is further submitted that since the said activity is being continued inspite of the grievance brought to the notice of the respondent authorities by way of complaint dated 15.03.2026; the respondent authorities may be directed to consider the complaint dated 15.03.2026 and take action in a time bound period.

4. On the other hand, Mr. Kishore Kumar, learned Standing Counsel for GHMC appearing for respondent No.3 on instructions would submit that a show cause notice dated 13.03.2026 was issued to respondent No.4. Learned standing counsel further submits that pursuant to the complaint of the petitioner dated 15.03.2026, a speaking order dated 28.03.2026 has been issued directing the respondent No.4 to remove the deviations/un-authorized constructions made on the subject property within (15) days failing which further action will be taken to remove, alter or pull down the deviated portion/un-authorized construction and expenses thereof will be recovered from respondent No.4. Learned standing counsel further submits that since the alleged construction activity is being carried out in the Tarnaka Zone, prays this Court to add Deputy Commissioner, Circle No.43, Tarnaka, Secunderabad Zone, GHMC as respondent to this writ petition, for effective implementation of directions of this Court.

5. Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondent No.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