HYDERABAD: Expressing serious concern over rampant illegal constructions in Hyderabad, the Telangana High Court imposed costs of Rs 3 lakh on a petitioner for constructing two unauthorised additional floors and a penthouse and then trying to get them regularised. The court made it clear that stringent financial penalties were needed to deter such violations.
Pointing out the scale of the problem, Justice B Vijaysen Reddy noted that thousands of writ petitions challenging demolition orders are filed every year, with many builders first completing unauthorised constructions, then seeking regularisation and subsequently obtaining interim protection from the court. He observed that the provisions relating to regularisation were increasingly being misused, particularly by describing fully unauthorised floors as “penthouses” to evade scrutiny.
The court also criticised the authorities’ failure to curb violations at the initial stage, observing that unauthorised constructions do not come up overnight and should be stopped before they are completed. It added that official inaction, often attributable to political or other external influences, has contributed significantly to the problem.
Justice Vijaysen Reddy also drew a parallel with the Supreme Court’s ‘Polluter Pays’ principle in environmental jurisprudence, saying a similar approach should govern illegal constructions, with violators bearing the financial consequences of their actions.
The court was hearing a writ petition filed by Aruna Agarwal, who sought regularisation of additional floors constructed on a 598-square-yard property in Alkapur Township, Neknampur village, Gandipet mandal, Rangareddy district. The petitioner challenged demolition proceedings initiated by GHMC, contending that she had already applied for regularisation under Sections 455-A and 455-AA of the GHMC Act, but the authorities had failed to decide her application.
Pending a decision on the application, the court directed the competent authorities to issue notices, provide an opportunity of hearing to all stakeholders and decide the matter strictly in accordance with law. It also ordered maintenance of status quo with respect to the property until the exercise is completed.
Stressing that meaningful financial penalties are essential to deter violations, the court said that unless stringent action is taken against offenders, law-abiding citizens will continue to suffer and the rule of law will be undermined.
Accordingly, it imposed costs of Rs 3 lakh on the petitioner, taking note of the allegation that she had constructed two unauthorised additional floors and a penthouse valued at approximately Rs 3 crore to Rs 4 crore. Of the amount, Rs 2 lakh is to be paid to the Cyberabad Municipal Corporation for the welfare of contract and outsourcing sanitation workers, including sweepers and scavengers, while the remaining Rs 1 lakh is to be paid to the Telangana High Court Advocates’ Association towards the Young Advocates Welfare Fund.