Court upholds GHMC orders in Shaikpet building violations case

Hyderabad Desk

Hyderabad: A City Small Causes Court in Hyderabad has adjudicated that Net Net Ventures Private Limited committed multiple violations in the construction of a multi-storey commercial building at Nandagiri Hills, Shaikpet.

The court upheld the orders issued by the Greater Hyderabad Municipal Corporation (GHMC) on January 24, which directed the developer to halt further work until all unauthorised constructions, those that deviated from the approved plan, were removed.

Net Net Ventures petition

Net Net Ventures had filed a petition in the City Small Causes Court challenging the GHMC’s stop-work order. In its defence, the company argued that it had purchased 4.748 acres in a 2012 HMDA auction and subsequently acquired a 455-square-yard plot in Jubilee Hills Society. It claimed to have obtained permissions for a cellar, green deck, five stilt floors, and a 13-storey structure, and that the GHMC’s order was based on complaints from neighbouring residents.

GHMC’s arguments

The GHMC, however, stated that it had issued a notice in 2022 after receiving complaints that the construction was not adhering to the approved plans. The corporation pointed out that the required 7 to 10-meter setback on the Nandagiri Hills side was not maintained. A Vigilance Department investigation submitted to the Municipal Administration chief secretary on June 18, 2024, found that Net Net Ventures had violated regulations at every stage and recommended strict action.

The GHMC argued that the developer repeatedly obtained court injunctions to continue construction, making it difficult to remove illegal structures once completed.

After hearing arguments from both sides, Chief Judge K Kush of the City Small Causes Court ruled that violations in Net Net Ventures’ construction were indeed established. The judgment noted that the developer had built a ramp on the vehicle access route and failed to provide the required setback.

The court emphasized that the building’s height had been altered contrary to the approved plan, and that, despite claims of rectifying the violations, the company had not physically removed the unauthorized structures. Photographic evidence submitted by the GHMC showed that the Nandagiri Hills site slopes down 100 to 200 meters, posing potential risks to the area. The Vigilance report from June 18, 2024, also established that the construction deviated from the sanctioned plan.

Court dismisses developer’s arguments

The court dismissed the developer’s argument that any violations could be rectified before the occupancy certificate was granted, stating that the violations were significant and ongoing. It further noted that if the construction had truly followed the rules, the developer could have requested an Advocate Commissioner’s inspection or submitted photographic evidence, which was not done. No proof was provided to the GHMC that the illegal structures had been removed.

The court clarified that, under GHMC law, the Commissioner or authorized officer can inspect and intervene at any stage if violations are detected, and that injunction orders cannot obstruct these duties.

The judge concluded that Net Net Ventures had filed the petition with malicious intent and without disclosing the full facts, and therefore, the court could not allow such a petition.

The court dismissed the petition, stating it could not interfere with the GHMC’s orders.


Also Read

Share:

[addtoany]

Tags