Recover demolition costs from violators, not public funds: Telangana HC
The Telangana High Court has directed the GHMC to act on a complaint regarding an alleged encroachment in Tarnaka, stressing that demolition costs must be recovered from violators rather than the public exchequer. Justice N.V. Shravan Kumar emphasised that civic authorities have a statutory duty to enforce town planning laws.
By Legal Correspondent
Hyderabad: Justice NV Shravan Kumar of the Telangana High Court has observed that the cost of demolishing unauthorised constructions must be recovered from those responsible, and not borne by the public exchequer, while directing the Greater Hyderabad Municipal Corporation (GHMC) to act on an alleged encroachment in Tarnaka.
The direction came in a writ petition filed by Dachepally Chandrababu, who alleged that an arch erected by Sri Durga Pochamma Devasthanam had encroached upon a public road near the Lalaguda flyover leading towards Osmania University.
The petitioner submitted that despite lodging a complaint through the GHMC mobile application on March 15, no concrete action had been taken.
Hearing the matter, Justice Shravan Kumar observed that once an unauthorised structure is established, it is incumbent upon the authorities not only to remove it but also to recover the demolition expenses from the violator. He stressed that public funds cannot be utilised for such purposes, describing cost recovery as a statutory obligation of civic authorities.
Taking note of submissions by GHMC that notices had already been issued to the temple authorities, the court directed the corporation to examine the complaint, provide an opportunity of hearing to all concerned parties, and pass appropriate orders within four weeks.
The Deputy Commissioner of Circle-43, Tarnaka, was also impleaded as a respondent to ensure accountability. The court expressed concern over a recurring pattern wherein civic bodies issue notices but fail to pursue enforcement unless prompted by judicial intervention. It pointed out that legislations such as the TG-bPASS Act, 2020, mandate timely action on complaints relating to unauthorised constructions.
Reiterating the position consistently adopted by the Supreme Court of India, the High Court observed that violations of town planning laws cannot be condoned and that illegal constructions ought not to be regularised.
