Hyderabad: Holding that unauthorised constructions cannot be condoned through routine regularisation, Telangana high court imposed a Rs 3 lakh penalty on a building owner who sought regularisation of illegal portions in her G+5 building at Alkapur Township in Gandipet. The court also came down heavily on civic authorities for failing to curb violations at the initial stage.Justice B Vijaysen Reddy, while hearing a petition filed by Aruna Agarwal, observed that civic authorities had utterly failed to check illegal constructions in their early stages and that unchecked violations burden civic infrastructure, cause revenue loss and undermine law-abiding citizens.Referring to the “polluter pays” principle, the judge said owners who make unauthorised constructions should also be penalised to deter future violations.
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The court directed the Cyberabad Municipal Corporation (CMC) to decide on the petitioner’s application for regularisation after issuing notices to all stakeholders and providing them an opportunity of hearing.Pending a decision on the application, the court ordered maintenance of status quo over the property, subject to the petitioner paying Rs 3 lakh in costs — Rs 2 lakh to the CMC and Rs 1 lakh to the Telangana high court advocates association.Agarwal had approached the high court alleging that authorities failed to consider her representation seeking regularisation of additional construction. She contended that no decision was taken on her application despite demolition proceedings being initiated over the alleged unauthorised construction.Opposing the plea, the CMC submitted that the petitioner had illegally constructed the third, fourth and fifth floors along with a penthouse and had also encroached upon public roads by raising compound walls. Authorities said she had been directed to stop the work and remove the unauthorised portions.While disposing of the petition, the court made strong observations on the increasing number of illegal constructions, noting that such violations had become a norm rather than an exception. It observed that thousands of petitions were being filed after demolition orders, and that interim protection was often granted while regularisation applications remained pending.The judge further observed that regularisation cannot be treated as a licence to violate sanctioned plans or construct additional floors beyond permissible limits.Noting that the property measured 598 square yards and that the value of the unauthorised construction was around Rs 4 crore, the court said imposition of costs was necessary.
