Municipal authorities have a statutory duty to examine complaints of unauthorized construction and take appropriate action under established building laws, ensuring all affected parties are given a fair hearing before passing orders.

ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for MA&UD appearing for respondent No.1 and Sri.Midde Arun Kumar, 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 issue an appropriate writ order or directions more particularly one in the nature of Writ of Mandamus declaring the inaction of respondents no. 2 to 5 in not considering the representation of the petitioner dated 25.02.2026 for stopping the illegal construction being carried out by 6th and 7th respondent in H.No.142472, Chaknawadi, Gosha Mahal, Hyderabad-500012, as illegal, arbitrary and in violation of Article 14, 21 and 300 A of Constitution of India as illegal, void and pass such other or orders as this Hon’ble court deems fit and proper in the circumstances of the case and Consequently direct respondent No.2 to 5 to stop and demolish the unauthorised/illegal construction made by the respondent No.6 and 7, H.No.142472, Chaknawadi, Gosha Mahal, Hyderabad-500012 and pass.”

3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the premises bearing House No.14-2-472/2, situated at Chaknawadi, Gosha Mahal, Hyderabad. It is further submitted that respondent Nos.6 and 7 have demolished the existing old structure in the premises bearing House No.14-2-472, in violation of the sanctioned plan, and are carrying on unauthorized and illegal construction on the property abutting the petitioner’s property on the northern side. It is also submitted that the building permission granted was only for construction up to Ground + 2 upper floors. However, respondent Nos. 6 and 7 have unlawfully constructed a building comprising Ground + 6 upper floors on a limited extent of land admeasuring less than 100 square yards. It is further submitted that the said construction has been undertaken without leaving the mandatory setbacks, and the structure has been raised in such a manner that it is attached to the petitioner’s property, thereby adversely affecting the petitioner’s easementary rights.

4. The case of the petitioner is that on 25.02.2026, the petitioner submitted a representation to respondent Nos.2 to 5, requesting them to take necessary action against the illegal and unauthorized construction undertaken by respondent Nos.6 and 7 on the subject property. However, the said representation is still pending consideration. Aggrieved by the inaction of the respondents, the petitioner has filed the present writ petition.

5. The learned standing counsel for GHMC appearing for respondent Nos.2 to 5 submits that if the petitioner’s representation dated 25.02.2026, 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