Municipal authorities are statutorily obligated under the Municipal Corporation Act to inspect, investigate, and take appropriate action against illegal or unauthorized constructions or activities following receipt of a complaint, while ensuring due process and fair hearing to affected parties.

ORDER:

Heard learned counsel for the petitioners, learned Government Pleader for MA&UD appearing for respondent No.1, Sri.Raparthi Venkatesh, learned standing counsel for GHMC appearing for respondent Nos.2, 3, 4, 6 and 7, learned standing counsel for Telangana State Pollution Control Board appearing for respondent No.5 and Sri.Sameer Ahmed, learned standing counsel for HYDRAA appearing for respondent Nos.8 and 9. 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 action of the Respondents Nos.4, 5, 8 and 9 in not shifting the gas cylinder which are fixed and with the tin sheets and not preventing from bringing groceries, weasels from other branches projecting towards northern side of the residential houses as illegal, improper, unjust, arbitrary, contrary to law, violation of Section 397(1)(a) of GHMC Act, 1955 and in violation of Article 21 of the Constitution of India and further direct the Respondent No.8 to consider the representation dated 23.02.2026.”

3. Brief facts as stated in this writ petition are that the petitioners are the residence of the Hanuman Residency, situated at Anand Nagar, New Malakpet, Hyderabad. It is submitted that the respondent No.10 on 01.12.2025, established an outlet at Door No.16-2-702/2/C and 703/1 to 4, opposite to Gunj, New Malakpet, Hyderabad. The said building has two entrances i.e., one leading to the National Highway No.9 and other towards the backside of the building and the same is adjacent to the petitioners’ residency. The case of the petitioners is that the respondent No.10 quite opposite to the petitioners’ residency had fixed commercial gas cylinders in tin shed sheets without any safety or precautionary measures. Further case of the petitioners is that the respondent No.10 is having six kitchen outlets, which is releasing heavy smoke and generating huge noise day-in and day-out till 1.00 A.M and the residents of the locality are facing problems due to smoke, noise pollution and other emissions which is unbearable by the residents on the back side of the respondent No.10 building. Hence, the petitioners on 08.12.2025, 22.12.2025 and 12.01.2026 made representations and requested respondent authorities to take immediate action, however, the same are still pending for consideration. Aggrieved by the pending consideration, the present writ petition is filed.

4. The learned standing counsel for GHMC appearing for respondent for respondent Nos.2, 3, 4, 6 and 7 and learned standing counsel for HYDRAA appearing for respondent Nos.8 and 9 submits that if the petitioners’ representations dated 08.12.2025, 22.12.2025 and 12.01.2026 are still pending for consideration, the respondent authorities would consider the same and take action in accordance with law.

5. 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.”

6. For b