Dr. G. Padmavathy vs The State Of Telangana on 5 May, 2026

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    Telangana High Court

    Dr. G. Padmavathy vs The State Of Telangana on 5 May, 2026

         IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
                                     HYDERABAD
         THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
                         WRIT PETITION No.15067 of 2026
                            DATE OF ORDER: 05.05.2026
    Between:
    
    Dr.G.Padmavathy W/o.A.V.Prasad
    
                                                              ...Petitioner
    
    AND
    
    The State of Telangana, represented by its Principal Secretary, Municipal
    Administration & Urban Development, Secretariat, Hyderabad and three (03)
    others.
    
                                                                       ...Respondents
    ORDER:

    Heard learned counsel for the petitioner and Sri G.Madhusudan

    Reddy, learned Standing Counsel appearing for respondent Nos.2 and 3.

    SPONSORED

    With the consent of the parties, the writ petition is being taken up for disposal

    at the admission stage itself.

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

    “to Issue an appropriate Writ, Order or Direction, more particularly
    one in the nature of Writ of Mandamus, directing Respondents 1 to 3 to
    forthwith inspect the property of the 4th Respondent, issue necessary
    stop-work notice, take action under the relevant provisions of the
    GHMC Act, 1955 and Building Rules for removal/demolition of the
    illegal portions (including toilets, doors, ventilators and setback
    violations), and ensure that no openings face directly into the
    Petitioner’s premises, and direct Respondents 1 to 3 to provide adequate
    protection to the Petitioner from further threats, harassment and
    nuisance by the 4th Respondent, keeping in view her status as a senior
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    citizen and pass such other order or orders as this Hon’ble Court may
    deem fit and proper in the interest of justice…”

    3. The case of the petitioner, in brief, is that the petitioner claims to be

    absolute owner and possessor of residential property bearing Plot No.50 in

    Survey No.41 Part, situated at Miyapur Village, Serilingampally Mandal,

    Hyderabad, having purchased the same under a registered Sale Deed dated

    20.04.2010. The petitioner constructed a residential building after obtaining

    building permission and occupancy certificate from GHMC. It is the case of

    the petitioner that respondent No.4, owner of the adjoining property, has

    undertaken unauthorized constructions and modifications in violation to the

    sanctioned plan, Building Rules and provisions of the GHMC Act, 1955. It is

    stated that respondent No.4 converted the premises into a residential college,

    hostel without obtaining permission for change of use and constructed toilets,

    doors and ventilators abutting the common boundary wall, directly facing the

    petitioner’s premises, thereby causing obstruction to ventilation and natural

    light and invasion of privacy and nuisance. The petitioner submitted a

    complaint dated 20.04.2026 to respondent No.3 requesting action against the

    illegal constructions. However, respondent Nos.2 and 3 failed to take any

    action despite being statutory authorities under the GHMC Act. Aggrieved by

    the inaction of respondent Nos.2 and 3 in not preventing the unauthorized

    constructions, the petitioner filed the present writ petition seeking appropriate

    relief.

    4. Though several grounds are raised in the writ petition, learned counsel

    for the petitioner confines his submissions to the limited extent of seeking a
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    direction to respondent Nos.2 and 3 to consider the complaint dated

    20.04.2026 submitted by the petitioner and take appropriate action in

    accordance with law against the illegal and unauthorized constructions and

    deviations undertaken by respondent No.4.

    5. Learned Standing Counsel for respondent Nos.2 and 3 submits that to

    the extent of the consideration of complaints made by the petitioner, the

    respondent authorities would consider the same and pass appropriate orders

    in accordance with law.

    6. 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 TS-BPASS Act’) which also encourages

    citizens to put on notice to the Civic Authorities regarding unauthorized

    constructions. Section 7(6) of the TS-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 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.”

    7. In the case on hand, it is pertinent to refer to some of the relevant

    Sections of GHMC Act, 1955, the same are extracted hereunder:-

    Section 428 of GHMC Act, 1955
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    “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 of the person whom
    he intends to employ to supervise its erection.”

    Section 433 of GHMC Act, 1955
    “Every person who shall intend–

    (a) to make any addition to a building; or

    (b) to make any alteration or repairs to a building; not being a frame-

    building, involving the removal or re-erection of any external or party-
    wall thereof or of any wall which supports the roof thereof, to an extent
    exceeding one-half of such wall above the plinth level, such half to be
    measured in superficial feet; or

    (c) to make any alteration or repairs to a frame-building, involving the
    removal or re-erection of more than one-half of the posts in any such
    wall thereof as aforesaid or involving the removal or re-erection of any
    such wall thereof as aforesaid to an extent exceeding one-half of such
    wall above the plinth level, such half to be measured in superficial feet;
    or

    (d) to make any alteration in a building involving:– (i) the sub-
    division of any room in such building so as to convert the same into

    two or more separate rooms; (ii) the conversion of any passage or space
    in such building into a room or rooms; or

    (e) to remove or reconstruct any portion of a building abutting on a
    street which stands within the regular line of such street; Shall give to
    the Commissioner in a form obtained for the purpose under section 435
    notice of his intention, specifying the portion of the building in which
    such work is to be executed, the nature and extent of the intended work,
    the particular part or parts, if any, of such work which is or are
    intended to be used for human habitation and the name of the person
    whom he intends to employ to supervise its execution.”

    Section 451 of GHMC Act, 1955
    “The Commissioner may at any time during the erection or re-
    erection of a building or the execution of any such work as is
    described in section 433 make an inspection thereof without
    giving previous notice of his intention so to do.”

    Section 452 of GHMC Act, 1955
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    452. (1) If the Commissioner is satisfied that the construction or
    re-construction of any building or execution of any work as
    described in section 433 is commenced or carried out contrary to
    the provisions of the Act or building rules or bye-laws made
    thereunder, he shall make a provisional order requiring the person
    who is constructing or re-constructing such building or executing
    such work or has constructed or re-constructed such building or
    executed such work to demolish such unauthorized construction
    or re-construction or work within a period specified to bring such
    construction or re-construction of the building or work in
    conformity with the provisions of the Act or building rules or
    Bye-laws made thereunder and may also direct that until the said
    order is complied with, the concerned person shall refrain from
    proceeding with, such construction or reconstruction of the
    building or work.

    Section 456 of GHMC Act, 1955
    “Dangerous Structures
    Removal of structures, trees etc., which are in ruins or
    likely to fall:- (1) If it shall at any time appear to the
    Commissioner that any structure (including under this
    expression any building, wall, parapet, pavement, floor, steps,
    railings, door or window frames or shutters or roof, or other
    structure and anything affixed to or projection from or resting
    on, any building, wall, parapet or other structure) is in ruinous
    condition or likely to fall, or is in any way dangerous to any

    person occupying, resorting to or passing by, such structure or
    any other structure or place in the neighbourhood thereof, the
    Commissioner may, by written notice, require the owner or
    occupier of such structure to do one or more of the following
    things, namely:–

    (i) to pull down,

    (ii) to secure,

    (iii) to remove, or

    (iv) to repair such structure or thing, and to prevent all cause of
    danger therefrom.

    (2) The Commissioner may also, if he thinks fit, require the said
    owner or occupier by the said notice, either forthwith or before
    proceedings to pull down, secure, remove or repair the structure
    or things, to set up a proper and sufficient hoard or fence for the
    protection of passers-by and other persons, with a convenient
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    platform and hand-rail, if there be room enough for the same the
    Commissioner shall think the same desirable, to serve as footway
    for passengers outside of such hoard or fence.

    (3) If it appears to the Commissioner that the danger from a
    structure which is ruinous or about to fall is imminent, he may,
    before giving notice as aforesaid or before the period of notice
    expires, fence off, take down, secure or repair the said structure
    or take such steps or cause work to be executed as may be
    required to arrest the danger.

    (4) Any expenses incurred by the Commissioner under sub-

    section (3) shall be paid by the owner or occupier of the
    structure.

    (5) (a) Where the Commissioner is of opinion whether on receipt
    of an application or otherwise that the only or the most
    convenient means by which the owner or occupier of structure
    such as is referred to in sub-section (1) can pull down, secure,
    remove or repair such structure, is by entering any of the
    adjoining premises belonging to some other person the
    Commissioner after giving such person a reasonable opportunity
    of stating any objection may, if no such objection is raised or if
    any objection which is raised appears to him invalid or
    insufficient, by an order in writing, authorise the said owner or
    occupier to enter such adjoining premises.

    (b) Every such order bearing the signature of the Commissioner
    shall be a sufficient authority to the person in whose favour it is
    made, or to any agent or person employed by him for this
    purpose,
    after giving to the owner of the premises reasonable written
    notice of his intention so to do, to enter upon the said premises
    with assistants and workmen, at any time between sunrise and
    sun set, and to execute the necessary work.

    (c) In executing, any work under this section as little damage as
    possible shall be done to the adjoining owner’s property, and the
    owner or occupier of premises for the benefit of which the work is
    done, shall —

    (i) cause the work to be executed with the least practicable delay;

    (ii) pay compensation to any person who sustains damage by the
    execution of the said work.

    Section 461-A of GHMC Act, 1955
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    “It shall be lawful for the Commissioner, at any time, before or
    after making an order for the removal or discontinuance of any
    unauthorized development or construction under section 461, to
    make an order directing the sealing of such development or
    property or taking the assistance of police, for the purpose of
    carrying out the provisions of the Act.”

    Section 636 of GHMC Act, 1955
    “636. (1) If any work or thing requiring the written permission
    of the Commissioner under any provision of this Act or any rule,
    regulation or bye-law is done by any person without obtaining
    such written permission or if such written permission is
    subsequently suspended or revoked for any reason by the
    Commissioner, such work or thing shall be deemed to be
    unauthorised and subject to any other provision of this Act the
    Commissioner may at any time, by written notice, require that
    the same shall be removed, pulled down or undone as the case
    may be, by the person so carrying out or doing if the person
    carrying out such work or doing such thing is not the owner at
    the time of such notice then the owner at the time of giving such
    notice shall be liable for carrying out the requisitions of the
    Commissioner.

    (2) If within the period specified in such written notice the
    requisitions contained therein are not carried out by the person
    or owner, as the case may be, the Commissioner may remove or
    alter such work or undo such thing and the expenses thereof
    shall be paid by such person or owner as the case may be.”

    8. On perusal of the above provisions, it is clear that the respondent

    authorities are vested with statutory powers to inspect any property, at any

    time and after putting notice and after giving fair opportunity of hearing to

    the concerned parties, may take appropriate action against the unauthorized

    constructions on the properties, in accordance with law.

    9. The Hon’ble Supreme Court in Shanti Sports Club and Ors. Vs.

    Union of India (UOI) and Ors ((2009) 15 SCC 705), held that violators of the
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    Town Planning Scheme cannot be granted any relief. The relevant

    observations are as under:

    “52. Before concluding, we consider it necessary
    to enter a caveat. In all developed countries, great
    emphasis has been laid on the planned
    development of cities and urban areas. The object
    of planned development has been achieved by
    rigorous enforcement of master plans prepared
    after careful study of complex issues, scientific
    research and rationalisation of laws. The people of
    those countries have greatly contributed to the
    concept of planned development of cities by
    strictly adhering to the planning laws, the master
    plan etc. They respect the laws enacted by the
    legislature for regulating planned development of
    the cities and seldom there is a complaint of
    violation of master plan etc. in the construction of
    buildings, residential, institutional or
    commercial. In contrast, scenario in the
    developing countries like ours is substantially
    different. Though, the competent legislatures
    have, from time to time, enacted laws for
    ensuring planned development of the cities and
    urban areas, enforcement thereof has been
    extremely poor and the people have violated the
    master plans, zoning plans and building
    regulations and bye-laws with impunity. In last
    four decades, almost all cities, big or small, have
    seen unplanned growth. In the 21st century, the
    menace of illegal and unauthorized constructions
    and encroachments has acquired monstrous
    proportions and everyone has been paying heavy
    price for the same. Economically affluent people
    and those having support of the political and
    executive apparatus of the State have constructed
    buildings, commercial complexes, multiplexes,
    malls etc. in blatant violation of the municipal
    and town planning laws, master plans, zonal
    development plans and even the sanctioned
    building plans. In most of the cases of illegal or
    unauthorized constructions, the officers of the
    municipal and other regulatory bodies turn blind
    eye either due to the influence of higher
    functionaries of the State or other extraneous
    reasons. Those who construct buildings in
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    violation of the relevant statutory provisions,
    master plan etc. and those who directly or
    indirectly abet such violations are totally
    unmindful of the grave consequences of their
    actions and/or omissions on the present as well as
    future generations of the country which will be
    forced to live in unplanned cities and urban
    areas. The people belonging to this class do not
    realize that the constructions made in violation of
    the relevant laws, master plan or zonal
    development plan or sanctioned building plan or
    the building is used for a purpose other than the
    one specified in the relevant statute or the master
    plan etc., such constructions put unbearable
    burden on the public facilities/amenities like
    water, electricity, sewerage etc. apart from
    creating chaos on the roads. The pollution
    caused due to traffic congestion affects the health
    of the road users. The pedestrians and people
    belonging to weaker sections of the society, who
    cannot afford the luxury of air- conditioned cars,
    are the worst victims of pollution. They suffer
    from skin diseases of different types, asthma,
    allergies and even more dreaded diseases like
    cancer. It can only be a matter of imagination
    how much the government has to spend on the
    treatment of such persons and also for controlling
    pollution and adverse impact on the environment
    due to traffic congestion on the roads and chaotic
    conditions created due to illegal and
    unauthorized constructions. This Court has,
    from time to time, taken cognizance of
    buildings constructed in violation of
    municipal and other laws and emphasized
    that no compromise should be made with the
    town planning scheme and no relief should
    be given to the violator of the town planning
    scheme etc. on the ground that he has spent
    substantial amount on construction of the
    buildings etc. – K. Ramdas Shenoy v. Chief
    Officers, Town Municipal Council,
    Udipi
    1974 (2) SCC 506, Dr. G.N. Khajuria v.
    Delhi Development Authority
    1995 (5) SCC
    762, M.I. Builders Pvt. Ltd. v. Radhey Shyam
    Sahu
    1999 (6) SCC 464, Friends Colony
    Development Committee v. State of
    Orissa
    2004 (8) SCC 733, M.C. Mehta v.

    Union of India 2006 (3) SCC 399 and S.N.
    10

    Chandrasekhar v. State of Karnataka 2006
    (3) SCC 208.

    53. Unfortunately, despite repeated judgments by
    the this Court and High Courts, the builders and
    other affluent people engaged in the construction
    activities, who have, over the years shown scant
    respect for regulatory mechanism envisaged in
    the municipal and other similar laws, as also the
    master plans, zonal development plans,
    sanctioned plans etc., have received
    encouragement and support from the State
    apparatus. As and when the courts have passed
    orders or the officers of local and other bodies
    have taken action for ensuring rigorous
    compliance of laws relating to planned
    development of the cities and urban areas and
    issued directions for demolition of the
    illegal/unauthorized constructions, those in
    power have come forward to protect the wrong
    doers either by issuing administrative orders or
    enacting laws for regularization of illegal and
    unauthorized constructions in the name of
    compassion and hardship. Such actions have done
    irreparable harm to the concept of planned
    development of the cities and urban areas. It is
    high time that the executive and political
    apparatus of the State take serious view of
    the menace of illegal and unauthorized
    constructions and stop their support to the
    lobbies of affluent class of builders and
    others, else even the rural areas of the
    country will soon witness similar chaotic
    conditions. ” (Emphasis supplied)

    10. The Apex Court has time and again discouraged the practice
    of regularizing deviations made in sanctioned plans. The Supreme
    Court in Seema Arshad Zaheer and Ors. Vs. Municipal Corpn. of
    Greater Mumbai and Ors
    , (2006) 5 SCC 282 has held that
    unauthorized constructions cannot be compounded. The relevant
    observations are extracted for reference:

    “30. It is true that in cases relating to orders for
    demolition of buildings, irreparable loss may occur if
    the structure is demolished even before trial, and an
    opportunity to establish by evidence that the structure
    11

    was authorised and not illegal. In such cases, where
    prima facie case is made out, the balance of
    convenience automatically tilts in favour of the
    Plaintiff and a Plaintiffs injunction will be issued to
    preserve status quo. But where the Plaintiffs do not
    make out a prima facie case for grant of an injunction
    and the documents produced clearly show that the
    structures are unauthorised, the court may not grant
    a temporary injunction merely on the ground of
    sympathy or hardship. To grant a temporary
    injunction, where the structure is clearly
    unauthorised and the final order passed by the
    Commissioner (of the Corporation) after
    considering the entire material directing
    demolition, is not shown to suffer from any
    infirmity, would be encourage and perpetuate an
    illegality. We may refer to the following observations
    of this Court in M.I. Builders (P) Ltd. v. Radhey
    Shyam Sahu (MANU/SC/0999/1999
    : (1999) 6 SCC

    464) made in a different context: (SCC p.529, para

    73)
    This Court in numerous decisions has held that
    no consideration should be shown to the builder
    or any other person where construction is
    unauthorised. This dicta is now almost
    bordering the rule of law. Stress was laid by the
    Appellant and the prospective allottees of the
    shops to exercise judicial discretion in moulding
    the relief. Such a discretion cannot be
    exercised which encourages illegality or
    perpetuates an illegality. Unauthorised
    construction, if it is illegal and cannot be
    compounded, has to be demolished. There
    is no way out. Judicial discretion cannot be
    guided by expediency. Courts are not free
    from statutory fetters. Justice is to be rendered
    in accordance with law. Judges are not entitled
    to exercise discretion wearing the robes of
    judicial discretion and pass orders based solely
    on their personal (2006) 5 SCC 282
    predilections and peculiar dispositions. Judicial
    discretion wherever it is required to be exercised
    has to be in accordance with law and set legal
    principles.”

    11. Further, the Hon’ble Supreme Court in Esha Ekta Apartments Co-
    operative Housing Society Ltd. and Ors. Vs. Municipal Corporation of
    12

    Mumbai and Ors (2013) 5 SCC 357, held that Constitutional Courts ought
    not to exercise their equitable jurisdiction to regularize illegal and
    unauthorized constructions. The relevant observations are extracted for
    reference:

    “45. In view of the above discussion, we hold that the
    Petitioners in the transferred case have failed to make
    out a case for directing the Respondents to regularize
    the construction made in violation of the sanctioned
    plan. Rather, the ratio of the above- noted judgments
    and, in particular, Royal Paradise Hotel (P) Ltd. v.
    State of Haryana and Ors.
    (supra) is clearly attracted
    in the present case. We would like to reiterate that
    no authority administering municipal laws and
    other similar laws can encourage violation of
    the sanctioned plan. The Courts are also
    expected to refrain from exercising equitable
    jurisdiction for regularization of illegal and
    unauthorized constructions else it would
    encourage violators of the planning laws and
    destroy the very idea and concept of planned
    development of urban as well as rural areas.”

    (emphasis supplied)”

    Echoing the above said principle the Supreme Court in Sanjay Adlakha Vs.
    State of Haryana and Ors
    , rejected the request for regularization of unauthorized
    construction made to a residential building.

    12. Further, the Hon’ble Supreme Court in Kaniz Ahmed v. Sabuddin and Ors. in
    Special Leave Petition (Civil) Nos.12199-12200 of 2025 while dismissing the Special
    Leave to Appeal observed as under:

    “5. In one of our recent pronouncements, in the case of Rajendra
    Kumar Barjatya and Another v. U.P. Avas Evam Vikas Parishad
    and Others
    reported in 2024 INSC 990, we have made ourselves
    very explicitly clear that each and every construction must be made
    scrupulously following and strictly adhering to the rules and
    regulations. In the event of any violation, being brought to the notice
    of the courts, the same should be dealt with iron hands and any
    leniency or mercy shown to the person guilty of unauthorised
    construction would amount to showing misplaced sympathy. In our
    decision referred to above, we have issued the following directions:

    “(i) While issuing the building planning permission, an
    undertaking be obtained from the builder/applicant, as the
    case may be, to the effect that possession of the building will
    13

    be entrusted and/or handed over to the owners/beneficiaries
    only after obtaining completion/occupation certificate from
    the authorities concerned.

    (ii) The builder/developer/owner shall cause to be displayed at
    the construction site, a copy of the approved plan during the
    entire period of construction and the authorities concerned
    shall inspect the premises periodically and maintain a record
    of such inspection in their official records.

    (iii) Upon conducting personal inspection and being satisfied
    that the building is constructed in accordance with the
    building planning permission given and there is no deviation
    in such construction in any manner, the
    completion/occupation certificate in respect of residential /
    commercial building, be issued by the authority concerned to
    the parties concerned, without causing undue delay. If any
    deviation is noticed, action must be taken in accordance with
    the Act and the process of issuance of completion/occupation
    certificate should be deferred, unless and until the deviations
    pointed out are completely rectified.

    iv) All the necessary service connections, such as, Electricity,
    water supply, sewerage connection, etc., shall be given by the
    service provider / Board to the buildings only after the
    production of the completion/occupation certificate.

    (v) Even after issuance of completion certificate, deviation /
    violation if any contrary to the planning permission brought
    to the notice of the authority immediate steps be taken by the
    said authority concerned, in accordance with law, against the
    builder / owner / occupant; and the official, who is
    responsible for issuance of wrongful completion /occupation
    certificate shall be proceeded departmentally forthwith.

    (vi) No permission /licence to conduct any business/trade
    must be given by any authorities including local bodies of
    States/Union Territories in any unauthorized building
    irrespective of it being residential or commercial building.

    (vii) The development must be in conformity with the zonal
    plan and usage. Any modification to such zonal plan and
    usage must be taken by strictly following the rules in place
    and in consideration of the larger public interest and the
    impact on the environment.

    (viii) Whenever any request is made by the respective
    authority under the planning department/local body for co-

    operation from another department to take action against any
    14

    unauthorized construction, the latter shall render immediate
    assistance and co-operation and any delay or dereliction
    would be viewed seriously. The States/UT must also take
    disciplinary action against the erring officials once it is
    brought to their knowledge.

    (ix) In the event of any application / appeal / revision being
    filed by the owner or builder against the non- issuance of
    completion certificate or for regularisation of unauthorised
    construction or rectification of deviation etc., the same shall
    be disposed of by the authority concerned, including the
    pending appeals / revisions, as expeditiously as possible, in
    any event not later than 90 days as statutorily provided.

    (x) If the authorities strictly adhere to the earlier directions
    issued by this court and those being passed today, they would
    have deterrent effect and the quantum of litigation before the
    Tribunal / Courts relating to house / building constructions
    would come down drastically. Hence, necessary instructions
    should be issued by all the State/UT Governments in the
    form of Circular to all concerned with a warning that all
    directions must be scrupulously followed and failure to do so
    will be viewed seriously, with departmental action being
    initiated against the erring officials as per law.

    (xi) Banks / financial institutions shall sanction loan against
    any building as a security only after verifying the
    completion/occupation certificate issued to a building on
    production of the same by the parties concerned.

    (xii) The violation of any of the directions would lead to
    initiation of contempt proceedings in addition to the
    prosecution under the respective laws.”

    6. The learned counsel appearing for the petitioner would submit
    that her client be given one chance to pray for regularisation of the
    unauthorised construction. We do not find any merit in such
    submission. A person who has no regards for the law cannot be
    permitted to pray for regularisation after putting up unauthorised
    construction of two floors. This has something to do with the rule of
    law. Unauthorised construction has to be demolished. There is no
    way out. Judicial discretion would be guided by expediency. Courts
    are not free from statutory fetters. Justice is to be rendered in
    accordance with law. We are at pains to observe that the aforesaid
    aspect has not been kept in mind by many State Governments while
    enacting Regularisation of Unauthorized Development Act based on
    payment of impact fees.

    7. Thus, the Courts must adopt a strict approach while dealing with
    cases of illegal construction and should not readily engage
    15

    themselves in judicial regularisation of buildings erected without
    requisite permissions of the competent authority. The need for
    maintaining such a firm stance emanates not only from inviolable
    duty cast upon the Courts to uphold the rule of law, rather such
    judicial restraint gains more force in order to facilitate the well-being
    of all concerned. The law ought not to come to rescue of those who
    flout its rigours as allowing the same might result in flourishing the
    culture of impunity. Put otherwise, if the law were to protect the
    ones who endeavour to disregard it, the same would lead to
    undermine the deterrent effect of laws, which is the cornerstone of a
    just and orderly society.[See: Ashok Malhotra v. Municipal
    Corporation of Delhi, W.P.
    (c) No. 10233 of 2024 (Delhi High
    Court)]”

    13. It is also relevant to refer to the orders passed by the Hon’ble Supreme

    Court in Writ Petition (Civil) No.295 of 2022 (2024 INSC 866) (Bulldozer’s

    case), wherein certain directions and guidelines were laid down to the

    Government for manner of proceeding in demolition of the unauthorized

    construction.

    14. Since the provisions of the GHMC Act, 1955 mandates issuance of

    notice to the person concerned and the GHMC authorities are empowered to

    examine and decide the issue with respect to unauthorized constructions, by

    issuing notice to the concerned parties, the respondent authorities are directed

    to issue notice to respondent No. 4. As such, notice to respondent No.4 in this

    writ petition is dispensed with.

    15. Having considered the above facts and circumstances of the case, this

    Court deems it appropriate to dispose of the present writ petition directing

    respondent Nos.2 and 3 to consider the complaint dated 20.04.2026 submitted

    by the petitioner, pending before them and after affording an opportunity of

    hearing to the petitioner as well as respondent No.4 and upon verification of
    16

    the relevant records, including sanctioned building permission, approved

    building plan, occupancy certificate and other connected documents, pass

    appropriate orders strictly in accordance with law, as expeditiously as

    possible, preferably within a period of four (04) weeks from the date of receipt

    of a copy of this order and communicate the same to the petitioner. It is made

    clear that in the event the allegations made by the petitioner with regard to the

    illegal and unauthorized constructions, deviations, setback violations and

    unauthorized modifications undertaken by respondent No.4 are found to be

    true, respondent Nos.2 and 3 shall take necessary action against the

    unauthorized construction, including stoppage of further construction

    activity, sealing, removal and demolition of the illegal structures, strictly in

    accordance with the provisions of the GHMC Act, 1955 and the Rules made

    thereunder.

    16. It is also clarified that in the event of respondent No.4, if otherwise

    aggrieved may avail remedy of filing application for the modification of this

    order, in accordance with law.

    17. With the above observations, this writ petition is disposed of.

    Miscellaneous applications, if any pending, shall stand closed. No order as to

    costs.

    _________________________
    N. V. SHRAVAN KUMAR, J
    Dated: 05.05.2026
    ADT
    17

    1180

    THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

    WRIT PETITION No.15067 of 2026
    Date : 05.05.2026
    ADT



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