Municipal authorities are under a statutory obligation to process complaints regarding unauthorized constructions; judicial courts should not exercise equitable jurisdiction to regularize illegal constructions, as compliance with town planning laws and master plans is essential for preventing urban chaos and ensuring sustainable development.

ORDER:

This writ petition is filed questioning the in action of respondent Nos.2 & 3 in demolishing the illegal and unauthorizedly constructed Pakka AC Shed with three rooms by the 4th respondent by encroaching the municipal drain and municipal road near Door No.46-5-284 situated at Enumamula, Warangal (hereinafter referred as ‘subject property’) which is contrary to the provisions of Telangana Municipalities Act, 2019 and the bye-laws, as illegal, unjust, arbitrary, unconstitutional and against the provisions of Telangana Municipalities Act, 2019. A consequential prayer is sought to direct the respondent Nos.2 and 3 to take all necessary steps for the demolition/pulling down/removal of the Pakka AC Shed with three rooms constructed by the 4th respondent by encroaching municipal drain and road over the subject property.

2. Brief facts of the case as stated are earlier the 4th respondent constructed a shed by encroaching and occupying the municipal drainage and road over the subject property, upon which petitioner gave a complaint to 2nd respondent on 03.02.2025, resultantly 2nd respondent took steps and demolished the said illegal construction. It is further submitted that aggrieved by the construction of the shed by 4th respondent, the petitioner again on 02.02.2026 gave a complaint to 2nd respondent requesting the authorities to remove the said shed. The 2nd respondent made inspection and found the unauthorized shed in existence had encroached the municipal drain and road, and accordingly issued a show cause notice dated 07.02.2026 to the 4th respondent stating that 4th respondent has constructed one AC Shed with three rooms duly encroaching the municipal drain and road without obtaining permission and directed to show sufficient cause in writing within (7) days that why the said unauthorized construction shall not be removed, altered or pulldown. It is further submitted that even after lapse of 50 days after issuance of said show cause notice to respondent No.4, no further action has been initiated against said unauthorized construction till date by the respondent authorities. As such, the present writ petition is filed.

3. Learned counsel for the petitioner submits that pursuant to the representation of the petitioner dated 02.02.2026, a show cause notice dated 07.02.2026 was issued respondent No.4, thereafter, no further action has been initiated against the unauthorized construction carried out by respondent No.4 by the respondent authorities, even after elapse of 50 days from the date of issuance of said show cause notice to respondent No.4, as such, the respondent authorities may be directed to initiate further action against the unauthorized construction of respondent No.4, in a time bound period.

4. On the other hand, Mr. Pasham Mohith, learned Standing Counsel for Municipalities appearing on behalf of respondent No.2 would submit that a show cause notice dated 07.02.2026 has already been issued to respondent No.4 pursuant to the petitioner’s representation dated 02.02.2026. It is further submitted that respondent No.4 through his counsel had submitted explanation dated 18.02.2026, to the show cause notice cited supra, wherein it is stated that there is no illegal encroachment by respondent No.4 and requested to give TDR for loss of his property and since the said explanation submitted by respondent No.4 was not satisfactory, respondent No.3 directed the respondent No.4 to remove the unauthorized construction within (15) days from the date of receipt of copy of this order or else action will be initiated under Sections 178 , 180 and 181 of Tel