HC Warns Unauthorised Builders Seeking Judicial Protection
Petitioners seeking blanket protection from such action, without establishing any legal right, were indulging in abuse of the process of law, the bench said
Hyderabad: The Telangana High Court on Thursday issued a stern warning to petitioners who seek protection for unauthorised constructions from demolition or seizure by municipal authorities, and cautioned that such litigants may face heavy costs.
Justice N.V. Shravan Kumar sounded the caution while hearing a writ petition filed against the action proposed by municipal authorities against an unauthorised construction in Plot No. 146 of Subashnagar at Jeedimetla. The court observed that a growing number of property owners was attempting to misuse judicial proceedings to stall lawful enforcement measures against illegal buildings. The bench remarked that courts cannot be converted into a shield for unauthorised constructions raised in violation of sanctioned plans and municipal laws.
The court noted that municipal authorities were empowered under the relevant municipal statutes to take action against illegal structures, including demolition and seizure, after following due process. Petitioners seeking blanket protection from such action, without establishing any legal right, were indulging in abuse of the process of law, the bench said.
Expressing concern over repeated filings of similar petitions, the court warned that, henceforth, it may impose exemplary or heavy costs on litigants who seek interim orders merely to delay municipal action against unauthorized buildings.