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2026 Supreme(Online)(Tel) 15732
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. Shravan Kumar, J
ThummaRaju – Appellant
Versus
The State of Telangana – Respondent
WRIT PETITION No.14152 of 2026
Civic authorities must act on representations regarding unauthorized constructions by following due process, issuing notices, and adhering to town planning laws, as courts should not exercise equitable jurisdiction to regularize illegal constructions.
Headnote:(A) Municipal Law - Unauthorized Construction - Duty of Authorities - Civic authorities are mandated to examine complaints regarding unauthorized constructions and initiate appropriate action in accordance with law, ensuring that citizens' notices are acted upon. (Para 7, 11)
(B) Town Planning - Enforcement of Master Plan - No relief to violators - Violators of town planning schemes and building regulations cannot be granted relief or regularization by courts or authorities, as such actions undermine planned urban development. (Para 8)
(C) Judicial Review - Equitable Jurisdiction - Regularization of illegal constructions - Constitutional Courts should refrain from exercising equitable jurisdiction to regularize illegal and unauthorized constructions. (Para 8)
Issues: Whether the respondent authorities are required to consider the petitioner's representation regarding unauthorized construction and take action in accordance with the law.
| Table of Content |
|---|
| 1. complaint regarding unauthorized construction and lack of action by municipal authorities. (Para 1 , 2) |
| 2. request for time-bound consideration of representation by the respondent authorities. (Para 3 , 4 , 5) |
| 3. statutory duty of civic authorities to act on citizen notices regarding unauthorized constructions. (Para 6 , 7) |
| 4. judicial stance against regularizing illegal constructions and guidelines for demolition. (Para 8 , 9) |
| 5. direction to decide representation after fair hearing and verification of sanctioned plans. (Para 10 , 11 , 12 , 13) |
ORDER:
This writ petition is filed questioning the action of respondent No.2 in not taking any action against respondent No.3 for undertaking unauthorized construction at Plot No.8, Vinayaknagar, Nizamabad Municipal Corporation, Nizamabad District (hereinafter referred as “subject property”). A consequential prayer is sought to direct respondent No.2 to remove unauthorized construction being undertaken by respondent No.3 at the subject property.
2. The facts giving rise to filing of this writ petition are as follows:
The petitioner claims to be the absolute owner and possessor of Plot No.29 at Vinayaknagar, Nizamabad Municipal Corporation admeasuring 108.44 square yards. It is submitted that respondent No.3 claims to be owner of Plot No.8, Vinayaknagar, Nizamabad Municipal Corporation, Nizamabad District, and that the respondent No.3 by encroaching the road and without leaving the mandatory setbacks, is undertaking unauthorized construction at the subject property. Due to such unauthorized constructions; the petitioner is not having access to his plot. Aggrieved by the action of respondent No.3, the petitioner made representation to respondent No.2 on 01.01.2026 requesting to stop illegal construction being undertaken by respondent No.3. But till date, the petitioner’s representation is not acted upon. As such, the present writ petition is filed.
3. Heard learned counsel for the petitioner and Mr. V.Satyam Reddy, learned Standing Counsel for Nizamabad Municipal Corporation, appearing for respondent No.2 and perused the material made available on the record.
4. Learned counsel for the petitioner submits that since petitioner’s representation is still pending for consideration, the respondent authorities may be directed to consider the same and take action in a time bound period.
5. On the other hand, Mr. V.Satyam Reddy, learned Standing Counsel appearing for respondent No.2 would submit that the representation of the petitioner dated 01.01.2026 will be considered by the respondent No.2, if not already considered, and appropriate action would be initiated, in accordance with law, and prays this Court to pass appropriate orders.
6. Since this Court, time and again, directed the Municipal Authorities to initiate action against the illegal constructions by following due process of law, it is noticed that the authorities are failing to initiate action against the illegal constructions. However, in some of the cases, authorities are issuing statutory notices and thereafter not proceeding further to initiate further course of action unless writ petitions are filed for not considering complaints/ representations made to civic authorities.
7. It is not out of place to mention Section 7(6) of the Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020 (for short ‘the TG-bPASS Act’) and Section 174(5) of the Telangana Municipalities Act, 2019 encourages citizens to put on notice to the Civic Authorities regarding unauthorized constructions. Section 7(6) of the TG-bPASS Act is extracted for reference:-
“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 ke
