HC Directs Civic Body To Act Swiftly on Unauthorized Constructions- Ruled That Unaffected Parties Also Can Make Complaints

Hyderabad: The Telangana High Court directed the GHMC and HMDA to take action swiftly against unauthorised constructions. The court clarified also that the complaints lodged against unauthorised constructions even by unaffected parties are maintainable .

Justice Tadakamalla Vinod Kumar observed that any indulgence or lethargy shown in dealing with unauthorised constructions would encourage violators. The judge was dealing with a petition which complained that the Kukatpally civic authorities were not taking action against an unauthorised construction despite the petitioner having submitted the grievance to the GHMC in February. A part of unauthorised construction was completed and its commercial use had begun but the civic authorities had not taken action even after two months.

The petitioner said that there was no response even after complaint was lodged with the task force, constituted in line with the TS-bPASS (The Telangana State Building Permission Approval and Self Certification System) Act. According to the rules, the authorities must take action within one week from the date of receiving the complaint

The judge directed the civic body to follow Section 24(2) of the TS-bPASS Act, 2020 and the GHMC Act to take stern action against unauthorised constructions.

The judge also made it clear that any citizen could lodge a complaint with regard to unauthorized and illegal constructions, and the violators cannot contend that the complainants have no locus standi in the matter. The judge said that both the GHMC Act and the TS-bPASS Act, 2020 empower any citizen to make a complaint with regard to such constructions.

Justice Vinod Kumar also reminded that the Telangana High Court had given a clarification in 2023 that the complainant against unauthorised and illegal constructions need not be an affected party.