Telangana High Court
P Vijay Kumar vs The State Of Telangana on 27 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR
W.P. No.13313 of 2026
Date: 27.04.2026
Between:
P.Vijay Kumar
... Petitioner
And
The State of Telangana,
Represented by its Principal Secretary,
Municipal Administration,
Secretariat, Hyderabad and Six others.
... Respondents
ORDER:
Questioning the action of the respondents No.1 to 4 in not
taking any action against the respondents No.5 to 7 on the complaint
dated 09.03.2026 and 30.03.2026 lodged by the petitioner, petitioner
filed the present writ petition with a consequential prayer to direct the
respondents No.1 to 4 to initiate action against the respondents No.5
to 7 by removing the illegal construction or carrying on premises in
Sy.No.1-A, admeasuring Ac 39 guntas, 4752 square yards or 3947
meters, situated at Kawkoor village, Alwal Mandal, under GHMC Alwal
Circle, Malkajgiri Mandal, Ranga Reddy district now comes under
Medchal-Malkajgiri District, (subject property).
2. Learned counsel for the petitioner would submit that the
petitioner and his family members are the absolute owners and
possessors of the subject property. The respondents No.5 to 7 are the
alleged purchasers and claiming the petitioner’s property in
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Sy.No.1-A, situated at Kawkoor village, Alwal Mandal, Medchal-
Malkajgiri district and there is a title dispute between the petitioner
and the respondent No.5, who filed O.S. No.47 of 2021 on the file of
the I Additional Junior Civil Judge, Medchal-Malkajgiri district for
perpetual injunction. It is further submitted that the respondents
No.5 to 7, by encroaching the land of the petitioner in Sy.No.1-A, have
illegally started making construction without obtaining building
permission and leaving prescribed setbacks. In this regard, petitioner
made a complaint before the respondents No.2 to 4 on 03.03.2026
and 30.03.2026 but till date no action has been initiated thereon.
Hence, petitioner filed the present writ petition.
3. The learned Standing Counsel Sri Madhusudhan Reddy for
GHMC appearing for the respondents No.2 to 4 submits that the
respondent authorities will consider the representations, stated to
have been made by the petitioner, if not already considered, and
appropriate action would be initiated, in accordance with law, and
prayed to pass appropriate orders.
4. Heard the learned counsel for the petitioner and the learned
Standing Counsel appearing for the respondents and perused the
material made available on the record.
5. The main grievance of the petitioner is that though he brought
to the notice of the official respondents No.2 to 4, by way of
representations dated 09.03.2026 and 30.03.2026, about the
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3 W.P. No.13313_2026
illegal/unauthorised construction at the subject property,
the official respondents No.2 to 4 have failed to initiate any action
against the illegal construction made by the unofficial respondents
No.5 to 7.
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 TS-BPASS Act’) which also
encourages citizens to put on notice to the Civic Authorities regarding
unauthorized constructions. Section 7(6) of the TS-BASS 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
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4 W.P. No.13313_2026
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.”
8. 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 of the
person whom he intends to employ to supervise
its erection.
Section 433 of GHMC Act, 1955
433. Notice to be given to the
Commissioner of intention to make
additions, etc., :- “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
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5 W.P. No.13313_2026supports 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.”
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6 W.P. No.13313_2026
Section 451 of GHMC Act, 1955
“451. Inspection of buildfings in course of
erection, alteration etc.:- 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
452. Demolition or alteration of the building
work unlawfully commenced, carried on or
completed and appeal thereon:- (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.
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7 W.P. No.13313_2026
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 platform and
hand-rail, if there be room enough for the same
the Commissioner shall think the same desirable,
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8 W.P. No.13313_2026to 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
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9 W.P. No.13313_2026and 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
“461-A. Powers to seal unauthorized
construction/development of premises:-
(1) 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. Work or thing done without written
permission of the Commissioner to be
deemed unauthorized:- (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
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10 W.P. No.13313_2026
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.”
9. On perusal of the above provisions, it is clear that the
respondent authorities are vested with statutory powers to inspect any
property and after putting on notice and after giving fair opportunity
of hearing to the concerned parties, may take appropriate action
against the unauthorized constructions on such properties,
in accordance with law.
10. The Hon’ble Supreme Court in Shanti Sports Club and Ors. Vs.
Union of India (UOI) and Ors 1, held that violators of the Town Planning
Scheme cannot be granted any relief. The relevant observations are as
under:
1
((2009) 15 SCC 705)
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11 W.P. No.13313_2026“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
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12 W.P. No.13313_2026
eye either due to the influence of higher
functionaries of the State or other extraneous
reasons. Those who construct buildings in 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
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13 W.P. No.13313_2026
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.
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
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14 W.P. No.13313_2026
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).
22. Further, the Hon’ble Supreme Court in Esha Ekta
Apartments Co-operative Housing Society Ltd. and Ors.
Vs. Municipal Corporation of 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
as under:
“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)”
11. 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 the Hon’ble Supreme Court gave
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15 W.P. No.13313_2026certain directions and guidelines to the Government for manner of
proceeding in demolition of the unauthorized construction.
12. 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 the
concerned parties. As such, in the present case, issuance of notice to
the unofficial respondents No.5 to 7 is dispensed with.
13. Having considered the above facts and circumstance,
recording the submissions made by the learned counsel appearing on
either side, without expressing any opinion on the merits of the case
and after considering judicial precedents referred to hereinabove,
this Court deems it appropriate to dispose of the writ petition directing
the respondent authorities to consider the petitioner’s representations
dated 09.03.2026 and 30.03.2026 and after giving fair opportunity of
hearing to petitioner and respondents No.5 to 7 and after verifying the
sanctioned plan and other relevant documents, shall 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 if the allegations made by the petitioner are found
to be true, the respondent authorities shall take appropriate action
strictly in accordance with law.
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16 W.P. No.13313_2026
14. It is clarified that in the event of unofficial respondents No.5 to 7
are otherwise aggrieved may avail remedy of filing application for the
modification of this order, in accordance with law.
15. Accordingly, with the above directions, this writ petition is
disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications, if any pending,
shall stand closed.
________________________________
JUSTICE N.V. SHRAVAN KUMAR
Date: 27.04.2026
LSK