HYDERABAD: Civic officials in Greater Hyderabad will now have to follow Supreme Court guidelines before demolishing any illegal structure. The move comes in the wake of frequent allegations against Greater Hyderabad Municipal Corporation (GHMC) staff of not following due procedures during demolitions.
GHMC commissioner K Ilambarithi recently issued detailed instructions with stage-wise actions to GHMC town planning officials and district collectors within GHMC limits. Officials were also told that any violation would amount to contempt of Supreme Court.
As per SC guidelines, GHMC will henceforth give 15 days for a show cause notice from the date of receipt, provide opportunities for personal hearings and even video-record demolition.
In the circular, the GHMC commissioner said a copy of the notice should also be sent by email to collectors of districts with areas under GHMC, which include Hyderabad, Rangareddy, Medchal-Malkajgiri and Sanga Reddy.
The collectors must designate one person as a nodal officer to coordinate with GHMC. The notice should include all details such as nature of unauthorised structures, specific violation details and the grounds for demolition, along with the list of documents to furnish.
Since a personal hearing is also mandatory, the notice should also indicate the date and time of the hearing before a designated GHMC official.
“During the personal hearing, minutes should be recorded and signature of the applicant obtained under proper attestation by the officer conducting it. After that, a final speaking order shall be issued by the officer, clearly indicating the entire case details and why the construction is considered unauthorised or non-compoundable. Later, the date of demolition or seizure of property should be communicated,” the commissioner said.
Before proceeding with the demolition, the town planning officials has to also ensure that no appeal is filed or pending either before any appellate authority or the court. The demolition will have to be video-graphed and a report given to police and others, which has to be preserved.
Crackdown on violations
1. While issuing the building permission, an undertaking should be taken from the builder or owner that the possession will be allowed only after obtaining the Occupancy Certificate (OC)
2. Banks and financial institutions should sanction loans only after the applicant produces completion or OC of the building
3. The builder, developer, or owner should display the permission copy and approved plan at the construction site
4. GHMC officials should visit the site periodically and maintain a record of their visits and observations
5. If any deviation from sanctioned plan is noticed, they should take action immediately and defer the issuance of the OC unless the deviations are rectified
6. No licence or permission should be given to conduct any business, whether it is a residential or commercial building, if the building violates rules
7. If any department seeks the help of another department in dealing with such illegal structures, and there is no cooperation from any official, disciplinary action should be taken against such officials
