Municipal authorities have a statutory duty to investigate and initiate action against unauthorized constructions upon receiving representations from citizens, following due process of law as mandated by the relevant Municipal Corporation Act.

:: ORDER ::

This writ petition is filed seeking a writ of mandamus directing the official respondents to take action against the illegal and unauthorized construction by the unofficial respondent, which violates the GHMC Act and Municipal Laws on the property and with a consequential direction to remove the public encroachments, illegal constructions to date, and ongoing works by the unofficial respondent beside Darbar Maisamma Temple, Chaderghat.

2. The learned counsel for the petitioner would submit that Sri Darbar Maisamma Devalayam, a long-established Hindu Ammawari Temple and is a place of worship at Chaderghat, Hyderabad, is visited daily by numerous devotees. A parcel of land immediately adjacent to the temple has remained open for decades. Recently, unauthorized tin and commercial structures were erected there without municipal approval. It is submitted that on the said open land a hotel by name "Lucky Grand Hotel," operates in flagrant violation of municipal laws, GHMC bylaws, and building regulations. The operators have built an illegal G+1 structure on this open temple-adjacent land, including tin sheds and encroached on public footpaths and nearby walkways by placing restaurant structures on the road.

3. The petitioner made various written complaints dated 14.07.2025, 15.07.2025 and 03.02.2026 to respondent No.3/the Commissioner, respondent No.3/the Deputy Commissioner, and respondent No.4/ACP Town Planning, GHMC, Hyderabad, respectively, regarding unauthorized and illegal constructions, but the respondent authorities have not taken any action against the said illegal construction. Aggrieved by same, the petitioner filed the present writ petition.

4. On the other hand, the learned Standing Counsel appearing for the respondents would submit that the representations dated 14.07.2025, 15.07.2025 and 03.02.2026 will be considered, if not already considered, and appropriate action would be initiated, in accordance with law, and would submit to pass appropriate orders.

5. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents and perused the material made available on the record.

6. The main grievance of the petitioner is that though he brought to the notice of the respondents No.2 and 4, by way of representations dated 14.07.2025, 15.07.2025 and 03.02.2026, about the illegal/ unauthorised construction at Sri Darbar Maisamma Devalayam, Hindu Ammawari Temple, place of worship situated at Chaderghat, Hyderabad, the respondents No.2 and 4 have failed to initiate any action against the illegal construction made by the respondent No.5.

7. Since this Court, time and again, directed respondent No.1/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.

8. 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-

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