Municipal authorities are statutorily obligated under the GHMC Act and TS-BPASS Act to examine complaints of unauthorized construction, provide notice, offer a fair hearing to involved parties, and take appropriate legal action within a reasonable timeframe.

ORDER:

Heard learned counsel for the petitioners, learned Government Pleader for MA&UD appearing for respondent No.1, Sri.M.Arun Kumar, learned standing counsel for GHMC appearing for respondent Nos.2 to 4. 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 Respondent Nos.3 and 4 in not initiating necessary action in spite of lodging complaints as illegal, arbitrary and against the law and also in violation of the fundamental rights under Articles 14, 19 and 300-A of the Constitution of India in respect of the House bearing No.8-2-603/H17, located on an area of 110 sq.yards, situated at Guru Brahma Nagar, Road No.10, Banjara Hills, Hyderabad.”

3. Brief facts as stated in this writ petition are that the petitioners claims to be the owners and possessors of House bearing No.8-2-603/H/3, located on an area of 100 sq.yards, situated at Guru Brahma Nagar, Road No.10, Banjara Hills, Hyderabad, having acquired the same through registered Gift deed bearing document No.3823 of 2020 dated 24.12.2020. It is submitted that petitioners’ neighbors i.e., respondent Nos.5 to 7 without obtaining construction permission and without leaving any set backs are making unauthorized construction on house bearing No.8-2-603/H/7, admeasuring to an extent of 110 sq.yards, situated at Guru Brahma Nagar, Road No.10, Banjara Hills, Hyderabad. Hence, the petitioners on 06.04.2026 and 07.04.2026 made complaints 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 to 4 submits that if the petitioners’ representations dated 06.04.2026 and 07.04.2026 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 better appreciation, this Court deems it appropriate to refer some of the relevant Sections of Greater Hyderabad Municipal Corporation Act, 1955 (hereinafter referred to as ‘the GHMC Act’).

Section 428 of the GHMC Act, 1955

428. Notice to be given to commissioner of intention to erect a building: (1) Every person who intends to erect a building shall give to the commissioner notice of his said intention in a form, obtained for this purpose under Section 435, specifying the position of the building intended to be erected, the description of building, the purpose for which it is intended, its dimensions and the name