Indian Kanoon - Search engine for Indian Law

3. Perused the record.

4. On a perusal of the show cause notice dated 20.11.2025 issued by the Deputy Commissioner, Moosapet, Circle-23, GHMC, the petitioner was informed that he is proceeding with the unauthorized construction activity by raising RCC columns for 3rd floor in deviation to the building permit order granted for stilt for parking + 2 upper floors and in not maintaining mandatory setbacks. A copy of the building photograph was also appended to the notice dated 20.11.2025 and was further directed to show sufficient cause by a statement in writing within 15 days from the date of receipt of that notice as to why the above unauthorized construction should not be demolished departmentally and to remove the said unauthorized construction within 15 days, failing which, action would be taken by GHMC under Section 636 and 461-A of GHMC Act, 1955 and the expenses thereon will be recovered from the petitioner as per the TG- bPASS Act, 2020 and GHMC Act, 1955 and further directed the petitioner to stop the work forthwith and to appear before the Deputy Commissioner, Moosapet, Circle-23, GHMC for personal hearing on 04.12.2025 enabling the petitioner to present his case and to submit oral and written pleadings along with the supporting documents.

7. Thereafter, the respondent No.4 passed the impugned speaking order dated 28.02.2026 noting that there are unauthorized constructions of 3rd, 4th and 5th floors, which is in deviation to the sanctioned building permission i.e. for stilt for parking + 2 upper floors and in not maintaining mandatory setbacks. In the said speaking order, it was clarified that the petitioner has not maintained mandatory setbacks as per G.O.Ms.No.168, dated 07.04.2012 and also referred to the orders passed by this Court W.P.Nos.23611 of 2021 and 15787 of 2022, wherein it was ordered that "wherever and whenever they are proposing to demolish, the Municipal authorities shall act upon, only after issuing show cause notice taking into consideration the explanation submitted by the parties on merits and further in accordance with the guidelines issued by the Hon'ble Apex Court and further referred to orders dated 13.11.2024 passed by the Hon'ble Apex Court in W.P.(Civil).NO.295 of 2022 and 17.12.2024 in Civil Appeal No.14604 of 2024 (arising out of SLP (C) No.36440 of 2014) and Civil Appeal No.14605 of 2024 (arising out of SLP (e) No.1184 of 2015), wherein it was held that "wherever and whenever they are proposing to demolish, the Municipal authorities shall act upon, only after issuing show cause notice and providing opportunity of personal hearing, taking into consideration the explanation submitted by the parties on merits and further opportunity of appellate and judicial scrutiny on the final orders in accordance with the guidelines issued by the Hon'ble Apex Court."