GHMC cannot deal entire building: HC

Justice B. Vijay Sen Reddy of the Telangana High Court ruled that in a case where there are unauthorised constructions, the civic authorities are empowered to only seal the unauthorised floors and not all floors.

A businessman residing at Dharam Karam Road at Ameerpet was up and arms challenging proceedings of GHMC. He claims that he obtained building permission in December 2024. He started construction of stilts for parking and two upper floors of the property. In January, the authorities issued a show cause notice alleging, inter alia, that the construction was in deviation of the sanctioned plan.

The petitioner would deny the allegations. According to the civic authorities, the site of the petitioner is measuring 187 square yards, wherein the petitioner constructed six upper floors, and regularisation under the above two portions is not possible. The civil court in a civil suit between the parties ordered the status quo.

It is unfortunate that neither the standing counsel for GHMC appearing in trial court nor the petitioner has brought to the notice of the trial court on the date when the order was passed that apart from the stilt plus two upper floors, including the penthouse, are unauthorisedly constructed. Merely because the status quo order is passed for stilt plus two upper floors, it would be absurd to say that unauthorised floors should be sealed.

Justice Vijay Sen Reddy pointed out and directed the GHMC to consider the representation for regularisation by issuing notice to the petitioners and all other concerned persons, by affording opportunity of hearing. He directed the petitioner to pay the sum of Rs. 3 lakhs towards the application for regularisation and a sum of Rs. 1 lakh towards the High Court Advocates Association. He directed GHMC to unseal the subject property only to the extent of the stilt plus two upper floors .

- L Ravichander