Anyone can file complaints against illegal constructions: Telangana HC
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Hyderabad: The Telangana High Court has clarified that complaints about illegal constructions need not be filed solely by direct victims. Any individual, including strangers or passersby, has the right to lodge complaints regarding unauthorised buildings. This ruling emerged from a recent case concerning illegal constructions in Hyderabad’s Begumpet area.
The case began when Anita Andallu Cheguri petitioned the High Court to overturn previous orders directing authorities to take action against unauthorised constructions on a 400-square-yard plot in BS Maktha, Begumpet. Justice T Vinod Kumar presided over the matter. The petitioner’s counsel explained that Anita and her son had each purchased 200 square yards and obtained permissions to build two-story structures with stilts. They later sought revised authorization to construct a ground floor plus four additional floors on the combined 400 square yards. Eventually, a fifth floor was constructed, justified by structural and architectural reasons. Despite applying for both revised permissions and regularisation, the authorities had yet to issue a decision.
The controversy intensified when the High Court’s earlier action was based on a petition filed by Narender, a non-resident of the area. Orders were passed by a single judge without including the current petitioners as respondents or hearing their arguments. Acting on those orders, Greater Hyderabad Municipal Corporation (GHMC) officials served notices to the petitioners. Upon appeal, the single judge advised the petitioners either to seek a review or file a fresh petition, leading to the present proceedings.
During the hearing, GHMC’s legal counsel argued that construction permissions had been denied and regularisation was only applicable to buildings erected before 2015. After considering the arguments, Justice Vinod Kumar clarified that the law permits any private individual to raise complaints about illegal constructions. If authorities fail to act, the High Court is empowered to intervene and order corrective measures. The court dismissed the claim that the petitioners should have been made respondents from the beginning, ruling that this did not breach natural justice.
The judge also noted that if the constructions had been made with proper permissions and subsequently regularised, the authorities would have taken appropriate steps, ensuring the petitioners’ rights were protected. However, in this case, the buildings were constructed without any official permissions.
Justice Vinod Kumar upheld the earlier orders by the single judge, declaring them reasonable and justified. The petition seeking to cancel GHMC’s notices, which were issued under the High Court’s directives, was dismissed. Nevertheless, the court directed GHMC to consider and resolve the petitioners’ regularisation application in line with the High Court’s previous ruling in the A. Praveen Kumar case.
