MASNAM HUSSAIN Vs. STATE OF TELANGANA AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, and Sri N. Praveen Kumar, learned Standing Counsel for respondent Municipality.

(2.) It is a case where the petitioner asserts that he is the owner of Plot No.9 in an extent of 100 square yards in Survey No.516, situated at Venkat Ramana Colony, Bhudan Pochampally village and Mandal, Yadadri-Bhongiri District (erstwhile Nalgonda District); and respondent No.4 by encroaching into the petitioner's property is making construction without obtaining permission. The petitioner submits that he made a complaint on 10.01.2020 to the 3rd respondent-Commissioner however no action is taken.

(3.) At the outset, it may be noted that the specific allegation in the writ affidavit is that the 4th respondent had encroached into the petitioner's land, there by confirming possession of the 4th respondent on the subject premises. Whether the occupation of the 4th respondent is legal or illegal cannot be decided by the 3rd respondent Municipal Commissioner under the Telangana Municipalities Act, 2019. Under the Act, there is no requirement of obtaining prior permission before proceeding with the construction, as in terms of Section 174(2) of the Act, based on self-certification stating that the building permission applied is as per the Master Plan / detailed Planning scheme / local area plan, the building permission can be sought online for plot size upto 500 square meters and construction height upto 10 meters. If there is any defect / mis-statement in the self-certification and in compliance, the risk of making construction is on the person who is making construction in the property, and if the construction is discovered as unauthorized and not in conformity with the specifications, the Commissioner can take action in terms of Sub-Section 10 of Section 174, and Sub-Section 9 of Section 176 of the Act.