Illegal constructions continue in absence of Town Planning Tribunal

It has been more more than six months since the High Court issued directions to the state government and Greater Hyderabad Municipal Corporation (GHMC) to take immediate steps.

HYDERABAD: It has been more more than six months since the High Court issued directions to the state government and Greater Hyderabad Municipal Corporation (GHMC) to take immediate steps to constitute a Town Planning Tribunal (TPT) to deal with cases relating to illegal constructions. But, till now, the state government has failed to constitute a TPT.

In the meantime, unauthorised constructions are going on unabated in every nook and cranny of the Greater Hyderabad limits.

The classic case is that of Nanakramguda incident where an unauthorised under construction multi-storeyed building collapsed on Thursday night like a pack of cards killing as many as 11 persons and injuring two.

A few more unauthorised buildings also collapsed this year in different parts of the city resulting in loss of innocent lives.      

In fact, asserting that demolitions will not serve the purpose of curbing the menace of unauthorised building constructions in GHMC limits, the Hyderabad High Court in May this year had issued directions to the state government and GHMC to take immediate steps to constitute a TPT.

The government even amended the Municipal Corporation Act by making illegal construction of buildings a cognizable offence and also to constitute TPT for speedy disposal of cases relating to unauthorised constructions.

Also Section 46(4) of the GHMC Act enables the civic body to prosecute those involved in the illegal activity by registering criminal cases against them but this is not happening in many of the cases and building owners are going scot-free.

A few thousand cases are embroiled in legal wrangle in city courts related to notices issued by the corporation. Some cases are also pending with the Lok Ayukta.

Against this backdrop, experts say that GHMC needs a TPT on the lines of an administrative tribunal or a special court for land-grabbing cases which would help in speedy disposal of cases relating to town planning cases.

GHMC officials explained there is a provision for a tribunal under New Building Rules (GO 86) introduced by the Municipal Administration and Urban Development department.

They said builders and owners are exploiting loopholes within the Municipal Act and have been approaching various courts to obtain stay or injunction orders whenever the officials try to take action against building violations.

The TPT would comprise a legal luminary (of the stature of a High Court judge) who would be assisted by town planning experts, including structural engineers and planners.

They said that the proposal to constitute a TPT has been pending with the state government for approval.
“The proposed tribunal would put an end to the conventional methods followed by the corporation and speed up demolition of unauthorised structures, if it is set up,” experts felt.

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