High Court orders immediate stop to unauthorised construction

Building permissions must be displayed at construction sites, court says

Property Pulse

The Telangana High Court has directed the commissioners of the Greater Hyderabad Municipal Corporation (GHMC), Cyberabad Municipal Corporation (CMC) and Malkajgiri Municipal Corporation (MMC) to take steps to prevent unauthorised construction in their respective jurisdictions. The court said the exemption available for plots measuring up to 75 square yards should not be misused to undertake construction without the required permissions. It noted instances where larger plots were divided into smaller portions and construction was taken up by claiming the exemption applicable to smaller plots.

The court directed that building permission details must be displayed at every construction site, irrespective of plot size. For plots up to 75 square yards, the registration or provisional certificate must be displayed at the site. The commissioners have been directed to issue guidelines to field-level town planning officials and deputy commissioners to ensure that plot owners display the relevant permissions in accordance with GO No. 168.

Officials have also been instructed to inspect ongoing construction and verify whether the required permissions have been obtained and whether work is being carried out in accordance with the approved plan. Where construction is found to be in violation, officials have been directed to stop the work immediately. The directions were issued while hearing a petition filed by Raj Kumar of Siddamber Bazaar, who sought permission for his building under Sections 455-A and 455-AA of the GHMC Act.

Justice B. Vijaysen Reddy observed that the GHMC authorities had rejected the petitioner's application for building permission, but construction had nevertheless proceeded without an approved plan. The court also noted the allegation that although the petitioner owned a larger plot, it had been represented as a smaller plot while seeking permission.

The court emphasised that unauthorised construction should be prevented at the initial stage itself. It further observed that only building owners with valid permissions are eligible to seek relief under Sections 455-A and 455-AA of the GHMC Act. In the petitioner's case, the court directed GHMC officials to seal the building. The order also provides a specific compliance direction for municipal officials: construction sites are to be checked for permission details, the work is to be compared with the approved plan, and violations are to be stopped.

For property owners, the ruling highlights the importance of obtaining the applicable permission or registration before beginning construction and displaying the relevant document at the site. The 75-square-yard provision does not mean that larger plots can be divided merely for claiming the exemption. Plots covered by the exemption are also subject to the prescribed registration and self-certification requirements.

 Construction Checks

●        Building permissions must be displayed at sites.

●        The 75-square-yard exemption cannot be misused.

●        Larger plots cannot claim exemption through subdivision.

●        Officials must inspect ongoing construction sites.

●        Violating construction must be stopped immediately.

●        Approved plans must match actual construction.

●        Valid permission is required for statutory relief.