Justice B. Vijaysen Reddy of the Telangana High Court, issued the orders against the background of several petitions flooding to the court daily, complaining of GHMC inaction on complaints of unauthorised and illegal constructions and deviations from the sanctioned plan
Hyderabad: The Telangana High Court has directed the GHMC to forthwith seal unauthorised structures if they were found to be constructed in violation of the building permissions, after issuing a showcause notice pending further enquiry. The court said it would take a serious view of any violation of the GHMC order, and could even consider it as contempt of court.
Justice B. Vijaysen Reddy of the Telangana High Court, issued the orders against the background of several petitions flooding to the court daily, complaining of GHMC inaction on complaints of unauthorised and illegal constructions and deviations from the sanctioned plan.
The court found that the GHMC staff were doing nothing till the unauthorised constructions were raised to the three or four floors, despite having received complaints about such structures even at the stage of digging of foundation pits. In some cases, the court found, GHMC authorities were issuing showcause notices but not initiating further action. When the complainants asked for the action , GHMC staff said they were awaiting a reply to the notices. Meanwhile, the violators would complete the construction works.
After going through the large number of cases before the High Court, Justice Vijaysen Reddy opined that along with issuing showcause notices, construction work in the unauthorised portions should have been stopped immediately. The unauthorised portions should have been sealed as, otherwise, the builder would proceed with the construction and complete the work.
The judge also noted that in many other cases, the GHMC mechanically issued showcause notices and gave the alleged violators up to 15 days to reply. The judge observed that the court failed to understand why immediate steps were not taken, when the showcause notice was issued, to stop construction work or seal the unauthorised portion under Section 461-A of the GHMC Act.
In several cases, the court was surprised to notice that even after the notice was issued, the violators went ahead with unauthorised constructions, without fear of the law as there appeared to be no deterrence and fear of demolitions.
Justice Vijaysen Reddy also said that the nexus between the owners and builders, local politicians and GHMC officials could not be ruled out.
He explained that lf building permission was granted for G+2 floors and officials found that additional unauthorised floors were constructed, they should issue showcause notices and simultaneously seal the unauthorised floors. Only this would curb the unhealthy trend of unauthorised constructions to a large extent. Mere issuing the showcause notice and then passing demolition/speaking order as per convenience, in the meantime allowing the owner/builder to proceed with unauthorised construction was absurd and incomprehensible.
The judge directed the GHMC commissioner to issue circulars to the GHMC staff to seal of the constructions made with deviations or were unauthorised in any manner.
These directions were issued in a petition filed by Jijjuvarapu Ramesh, who had complained about the inaction of the GHMC in taking action against an unauthorised construction of ground+four floors and penthouse in Plot No. 555, OU Colony, Shaikpet. The petition said the builder had secured permission for stilt and two upper floors, but had constructed the third, fourth and fifth floors and an additional sixth floor penthouse. Authorities had not taken action till the completion of the building.
When Ramesh approached the High Court, Arun Kumar Midde, standing counsel for the GHMC, submitted that a showcause notice dated 28.04.2025 had been issued and a speaking order would be passed within 15 days. The court questioned why the GHMC had waited for several days and why it did not take action immediately after receiving the complaint. The court issued directions to seal the construction, immediately.
The judge had earlier, while issuing the orders, directed the GHMC commissioner to issue instructions to deputy commissioners, assistant city planners and town planning officers in this regard and to issue a circular directing all the staff to follow it .
Upon this, the GHMC commissioner issued the circular directing officers to comply with the instructions to seal unauthorised structures after issuing showcause notices. The GHMC commissioner placed the circular before the High Court which said that inaction by the GHMC staff would be taken as serious, even to the extent of the contempt of court.
