Municipal and planning authorities are mandatorily required to act against unauthorized constructions in accordance with statutory building codes. Courts will not regularize such illegal structures and shall direct authorities to strictly execute demolition or compliance orders to uphold planned development principles.

ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for MA&UD appearing for respondent No.1, learned Government Pleader for Revenue appearing for respondent No.2 and learned Standing Counsel for Municipality appearing for respondent No.3.

2. This writ petition is filed seeking the following prayer:-

“…to declare the inaction of the respondent Nos.2 and 3 in not initiating any action against the building of the respondent Nos.4 to 6, who violated all the building Residential individual permission vide permit No.0012/ALYB/IABP/2025 dated 22.08.2025 for plot No.39 and part of 38 and No.0013/ALYB/IABP/2025 dated 22.08.2025 for plot No.38 and No.0014/ALYB/IABP/2025 dated 22.08.2025 for plot No.40 and constructed single commercial building by way of shops without following any setbacks by encroaching road and constructing excess to the land possessed by them, though the petitioner filed written objections before the respondent Nos.2 and 3 on 01.04.2026 and the same was acknowledged, no action has been initiated for recalling the building permission, which is arbitrary, bad and illegal and contrary to under Section 178(2)(4)(5)(6)(7) of T.S. Municipalities Act (Act No.11 of 2019)…”

3. Brief facts as stated in this writ petition are that the petitioner claims to be the owner and possessor of the land admeasuring to an extent of Ac.8.32 guntas in Survey Nos.640/3, 641/3, 642/3, 639/B/2 and 619/B/2 respectively. It is submitted that respondent Nos.4 to 6 purchased unauthorized layout plots i.e., Plot Nos.38, 39 and 40 situated at Lalgadi, Malakpet, Shamirpet Mandal, Medchal Malkajgiri and without obtaining any building permission started construction on the subject property. Hence, the petitioner filed W.P.No.20285 of 2025 and this Court vide order dated 15.07.2025 directed to stop the ongoing illegal construction on the subject property within a period of 24 hours or else the structures will be demolished. It is further submitted that respondent No.4 to 6 approached respondent No.3 and applied for building permission and respondent Nos.4 to 6 were accorded building permission vide building permit Nos. No.0013/ALYB/IABP/2025, No.0012/ALYB/IABP/2025 and No.0014/ALYB/IABP/2025 dated 22.08.2025. The said permissions were granted for construction of individual residential building consisting of stilt for parking + 2 upper floors. However, respondent Nos.4 to 6 are constructing commercial shops in the subject property. Hence, the petitioner made a representation dated 01.04.2026 to respondent Nos.2 and 3 to recall/cancel the permissions dated 22.08.2025. However, the same are still pending for consideration. Aggrieved by the same, the present writ petition is filed.

4. Learned Standing Counsel for respondent No.3 would submit that after receiving the petitioner’s representation dated 01.04.2026, respondent No.3 immediately stopped the construction on the subject property and issued a show cause notice dated 02.04.2026 to the respondent Nos.4 to 6 and observing that the permission was taken for constructing a single structure by taking three (3) separate building permissions from respondent No.3. However, no reply was received from respondent Nos.4 to 6, respondent No.3 issued a speaking order on 15.04.2026 directing respondent Nos.4 to 6 to remove/demolish the structure within 15 days. Learned Standing Counsel further submits that since the 15 days period would end by 30.04.2026, the respondent authorities will take approp