Sri. K. Krishna vs The State Of Telangana
2026 Latest Caselaw 735 Tel

Telangana High Court

Sri. K. Krishna vs The State Of Telangana on 15 April, 2026

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
                   HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
             WRIT PETITION No.11637 of 2024
               DATE OF ORDER: 15.04.2026
Between:
Sri. K.Krishna.
                                                                ...Petitioner
AND
The State of Telangana, Municipal Administration and Urban Development
Department and two others.

                                                             ...Respondents
ORDER:

Heard learned counsel for the petitioner, learned Government Pleader

for MA&UD appearing for respondent No.1, Sri.P.Krishna Reddy, learned

standing counsel for Municipality appearing for respondent No.2. With their

consent, the writ petition is being taken up for disposal.

2. This writ petition has being filed seeking the following prayer:-

"to declare the action of the 2nd respondent in not taking any action on the petitioners complaint dated 20.03.2024 to remove the illegal erection Iron shop in middle of the road situated at Plot No.99 and 103, Bramarambha Colony, Near Hanuman temple, Ameenpur Village and Mandal, Sangareddy District, of the 3rd respondent as arbitrary, illegal and contrary to the provisions of Telangana Municipalities Act and consequently direct the 2nd respondent to remove the illegal erection Iron shop in middle of the road situated at Plot No.99 and 103, Bramarambha Colony, Near Hanuman temple, Ameenpur Village and Mandal, Sangareddy District, of the 3rd respondent."

3. Brief facts as stated in this writ petition are that the petitioner claims to

be the owner and possessor of house bearing No.9-15, admeasuring to an

extent of 300 Sq.yards, in Sy.No.518/A, situated at Beerumguda,

Bramarambha Colony, Ameenpur Village and Mandal, Sangareddy District,

having succeeded the same from his ancestors. The case of the petitioner is

that his neighbour i.e., respondent No.3 illegally blocked the public road

which is adjacent to the petitioner's property and erected an iron shop in

middle of the public road which is used by colony people. Hence, the

petitioner on 20.03.2024 made a complaint and requested respondent No.2 to

take action against the illegal construction made by respondent No.3,

however, the same is still pending for consideration. Aggrieved by the

pending consideration, the present writ petition is filed.

4. The learned standing counsel for Municipality appearing for

respondent No.2 submits that if the petitioner's complaint dated 20.03.2024 is

still pending for consideration, the respondent authorities would consider the

same and take action in accordance with law.

5. 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.

6. 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') and Section 174(5) of the Telangana

Municipalities Act, 2019 encourages citizens to put on notice to the Civic

Authorities regarding unauthorized constructions. Section 7(6) of the TS-

bPASS 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 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."

Section 174(5) of the Telangana Municipalities Act, 2019 is

extracted for reference:

"174. Approval of Building Permissions -

...

(5) 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 a manner prescribed. The identity of such informers shall be kept confidential. All such cases shall be examined within a week from such information and appropriate action initiated. The informant shall be incentivized in all such cases

where the information furnished by him is found to be correct."

7. 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:

"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

((2009) 15 SCC 705)

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 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 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 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)"

8. 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 certain directions and

guidelines to the Government for manner of proceeding in demolition of the

unauthorized construction.

9. Since the provisions of the Telangana Municipalities Act, 2019 and

GHMC Act, 1955 mandates issuance of notice to the person concerned and

the civic 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 petitioner

and respondent No.3 and pass appropriate orders strictly in accordance with

law.

10. Having considered the above facts and circumstance, recording the

submission 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 complaint dated 20.03.2024 and after giving fair opportunity

of hearing to petitioner and respondent No.3, 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.

11. It is clarified that in the event of respondent No.3 is otherwise

aggrieved may avail remedy of filing application for the modification of this

order, in accordance with law.

12. With the above directions, this writ petition is disposed of.

Miscellaneous applications, if any pending, shall stand closed. No order as to

costs.

_________________________ N. V. SHRAVAN KUMAR, J Dated: 15.04.2026 Su