HC Red Flags Fraudulent Split Of Land For Permit

Taking a serious view of the alleged misuse and taking undue advantage of the self-certification facility for obtaining provisional building permissions for the land admeasuring less than 75 square yards and constructing the unauthorised constructions, the Telangana High Court has directed the municipal authorities to plug loopholes being exploited by property owners to circumvent building regulations, particularly mandatory setbacks.

Justice B. Vijaysen Reddy directed the commissioners of Greater Hyderabad Municipal Corporation (GHMC), Cyberabad Municipal Corporation (CMC) and Malkajgiri Municipal Corporation (MMC) to instruct all deputy commissioners and town planning officers to ensure that the building permissions issued to the property owners are displayed at the construction site. If the building permissions are not displayed, the authorities were directed to temporarily stop the construction until such permissions are displayed.

The judge was dealing with a case relating to an alleged unauthorised multi-storeyed construction at Siddiamber Bazaar/Begum Bazaar in Hyderabad. The building owner claimed ownership over about 114.14 square yards, but had applied for building permission only for 43.29 square metres, while applications covering three other portions of 16.7 square metres each were made in the names of third parties who appeared to be earlier owners.

Though no permission was granted, the petitioner developed an additional five floors unauthorised. When show cause notices were issued by the GHMC, the land owner approached the civil court for injunction.

With no relief from the civil court, he approached the High Court seeking to restrain the GHMC to take further action including seizure or demolition. Further, the land owner submitted that he had applied for regularisation of the construction on July 30, 2026.

The petitioner relied on the fact that the building permission is not required for the land, admeasuring less than 75 square yards, and he applied for the building permission through Build-Now portal under the provisions of the Telangana Building Permission Approval and Self-Certification System Act, 2020. After submitting the application, GHMC has to conduct site inspection and verify the title within 21 days.

The court noted that the petitioner has taken undue advantage of Section 7 of the Telangana Building Permission Approval and Self-Certification System Act, 2020, and proceeded with the unauthorised construction. After that, he approached the courts for protection.

When inquired with the GHMC about delay in taking action against violators, standing counsel Midde Arun Kumar submitted that there are several factors that come in the way of the authorities in strict implementation of the law i.e. interference by the third parties, local politicians among others, and the authorities also fear violent acts from the parties, local leaders, influential persons, among others.

Justice Reddy expressed dismay over “disturbing trend” of parties indulging in fraudulent practices by splitting larger plots into smaller portions and obtaining provisional permissions or certificates through the self-certification mechanism, thereby attempting to evade restrictions applicable to larger plots.

Considering such multiple cases before the court, Justice Reddy directed that even properties measuring less than 75 square yards, which do not require conventional building permission, should, as a matter of uniform practice, display their provisional certificates of registration at the construction site.

The court also questioned the basis of the petitioner’s attempt to seek regularisation of the structure. Referring to Rule 5 of G.O.Ms.No.168 dated 7 April 7, 2012, the court noted that for 114.14 square yards, only ground plus two floors were permissible.

The court made it clear that regularisation under Sections 455-A and 455-AA of the GHMC Act could be considered only where building permission could otherwise be granted under the applicable building laws. If the law itself did not permit construction beyond two floors on a plot, the court observed that the question of regularising such impermissible additional floors would not arise.

As an immediate enforcement measure, the court directed the authorities to conduct inspections of under-construction buildings in Siddiamber Bazar and Begum Bazaar areas falling within GHMC circles.