Municipal authorities are statutorily obligated under the GHMC Act to inspect, investigate, and take appropriate legal action against unauthorized building constructions upon receiving complaints, ensuring compliance with sanctioned plans and town planning laws.

ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for MA&UD appearing for respondent No.1 and Sri.Raparthi Venkatesh, learned standing counsel for GHMC appearing for respondent Nos.2 to 5. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has being filed seeking the following prayer:-

“to declare the inaction on the part of the respondents Nos.2 to 5 against the illegal and unauthorised construction of two additional floors i.e., 5th and 6th floor (pent house) against the sanction plan of only stilt + 4 upper floors on property bearing Municipal No.16-11-15/10, Known as Tayyab Residency, Saleem Nagar, Malakpet, Hyderabad, is highly illegal, arbitrary and amounts to dereliction of duties and unconstitutional. Consequently this Honourable Court may be pleased to direct the respondents Nos.2 to 5 to demolish the illegal and unauthorised construction of two additional floors i.e., 5th and 6th floor (pent house) against the sanction plan of only stilt + 4 upper floors on property bearing Municipal No.16-11-15/10, Known as Tayyab Residency, Saleem Nagar, Malakpet, Hyderabad.”

3. Learned counsel for the petitioner submits that the respondent No.6 and others had obtained permission for construction of Stilt + four upper floors on property bearing Municipal No.16-11-15/10, Known as Tayyab Residency, Saleem Nagar, Malakpet, Hyderabad. However, the respondent No.6 deviating the sanction plan and without leaving any setbacks unauthorizedly constructed two upper floors i.e., 5th and 6th floor (pent house) on the subject property. To support his contentions, learned counsel for the petitioner has drawn attention of this Court to a copy of photograph of the subject property and a copy of Annexure –II (Affidavit) filed in the material papers, wherein it is stated that the Municipal authorities had granted permission for construction of Stilt + four upper floors on the subject property.

4. The case of the petitioner is that the petitioner on 18.03.2026 made a representation and requested the respondent Nos.2, 3 and 5 to take necessary action against the illegal and unauthorized construction made by the respondent No.6 on the subject property and the same is still pending for consideration. Aggrieved by the pending consideration, the present writ petition is filed.

5. The learned standing counsel for GHMC appearing for respondent Nos.2 to 5 submits that if the petitioner’s representation dated 18.03.2026, is still pending for consideration, the respondent authorities would consider the same and take action in accordance with law.

6. In the case on hand, it is pertinent to refer to Section 7(6) of the Telangana State Building Permission Approval and Self Certification System (TS-BPASS) Act, 2020 (for short ‘the TS-BPASS Act’), the same are extracted hereunder:-

“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 t