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Telangana High Court Questions GHMC and HYDRAA Over Due Process in Malkajgiri Demolitions

By Advocate Sainath Panjagari, SN Law Chambers | 31 October 2026

Telangana High Court questions GHMC and HYDRAA on due process in Malkajgiri demolitions — SN Law Chambers

On 30 October 2026, the Telangana High Court questioned why the Greater Hyderabad Municipal Corporation (GHMC), a statutory body with powers to protect its properties and act against unauthorised constructions, was seeking the assistance of the Revenue Department and HYDRAA instead of exercising those powers itself. Justice G.M. Mohiuddin made the observations while hearing petitions concerning alleged demolitions by HYDRAA in plots of the Defence Housing Cooperative Society Limited in Malkajgiri and the society’s challenge to GHMC’s alleged occupation of part of its land.

Key Takeaways

The Court questioned GHMC’s contradictory approach of granting or regularising layout and building permissions and later approaching HYDRAA and Revenue for demolitions and protection of open spaces.
HYDRAA was asked why it carried out demolitions without communicating its decision on the replies submitted by the affected parties to the notices issued to them.
The Court sought detailed explanations on the alleged construction of a dumping yard and parking of garbage vehicles on 6,039 square yards of the society’s approximately 112-acre property.
GHMC and HYDRAA were directed to file detailed counter-affidavits within three weeks as a final opportunity. The matter is an interim stage; no final adjudication has been made.
These observations sit against the backdrop of the Supreme Court’s 2024 guidelines on demolition procedure and repeated High Court emphasis on notice, hearing and reasoned orders.

What the Court Asked and Directed

The petitions were filed by Narasimha Reddy and others challenging the demolition of structures by HYDRAA in plots falling within the Defence Housing Cooperative Society Limited layout under Malkajgiri municipality. In connected proceedings, the society challenged the alleged occupation of part of its land by GHMC for a dumping yard, related construction activities and parking of garbage transportation vehicles.

Counsel for the petitioners submitted that necessary permissions had been obtained for the constructions and that the layout had also been regularised. The Court questioned the authorities on the granting of permissions, including layout approvals, and their subsequent approach to protecting open spaces and dealing with alleged encroachments.

Justice Mohiuddin specifically asked why GHMC, despite being vested with statutory powers, was approaching the Revenue Department and HYDRAA. The Court also sought to know why the affected parties had not been informed of the outcome of the proceedings before the demolitions were carried out.

The judge directed GHMC and HYDRAA to file detailed counter-affidavits within three weeks explaining the circumstances of the demolitions, the dumping yard, construction activities and vehicle parking on 6,039 square yards of the society’s property. Reports indicate the Court treated this as a final opportunity and adjourned the matter (one report mentions 19 November 2026 for further hearing). An individual petitioner was also directed in one report to file a reply regarding a separate parcel of about 1,657 square yards.

Legal Framework: GHMC Powers and Due Process

GHMC is a statutory body under the Greater Hyderabad Municipal Corporation Act, 1955. Relevant provisions include powers relating to unauthorised constructions, provisional orders for demolition or conformity, sealing of premises, and recovery of expenses. Sections such as 452, 461, 461-A and 636 (and related building rules) contemplate notice, opportunity and reasoned action before demolition of unauthorised works, subject to exceptions for certain public places.

HYDRAA (Hyderabad Disaster Response and Asset Protection Agency) has been conferred certain powers, including under amendments relating to Section 374B of the GHMC Act and other statutes, to assist in protection of public assets and removal of encroachments. The High Court has, in earlier matters, stressed that HYDRAA must follow due process, place any Standard Operating Procedure before the Court where directed, and not act in a manner that bypasses statutory notice requirements or existing court orders.

Supreme Court Guidelines on Demolitions (2024)

In In Re: Directions in the Matter of Demolition of Structures (Writ Petition (Civil) No. 295 of 2022 and connected cases, decided on 13 November 2024 by Justices B.R. Gavai and K.V. Viswanathan; 2024 INSC 866), the Supreme Court laid down pan-India guidelines under Article 142 to prevent arbitrary demolitions. Key features include:

Prior show-cause notice giving at least 15 days (or the longer period under local law) from receipt, with details of the structure and grounds, served by registered post and affixed on the structure.
Intimation to the District Magistrate; opportunity of personal hearing with recorded minutes.
A reasoned final order explaining why demolition is the only option and whether the entire structure or part is to be demolished.
A further period of 15 days after the order before demolition is carried out, to allow appeal or vacation.
Videography of the process and accountability for officials who violate the directions (including potential contempt and recovery of compensation from erring officers).

The guidelines do not apply to unauthorised structures on public places such as roads, streets, footpaths, railway lines or water bodies, or to demolitions ordered by a court of law. They restate that the executive cannot act as a judge to punish persons through demolition and that the rule of law and natural justice must be observed. Telangana High Court benches have repeatedly referred to these principles when examining HYDRAA actions.

Why the Questions Matter for Plot Holders and Societies

The Malkajgiri matter highlights recurring issues in Greater Hyderabad and Medchal-Malkajgiri district:

Layout approvals or building regularisation proceedings followed by later demolition or encroachment action.
Failure to communicate the outcome of notice-reply proceedings before demolition.
Alleged use of private or society land for municipal purposes (dumping yards, vehicle parking) without clear title or due process.
Coordination (or lack of it) between GHMC, Revenue authorities and HYDRAA.

Property owners who hold registered sale deeds, layout approvals, building permissions or regularisation orders should preserve these documents and any replies they submitted to notices. Courts examine whether statutory procedure under the GHMC Act (or other applicable laws) and the Supreme Court’s demolition guidelines were followed.

Procedure and Practical Steps if Facing Demolition Action

Obtain copies of all notices, replies filed, permissions, layout approvals, sale deeds, revenue records and photographs.
Check whether the structure falls within any exception (public road, water body, court-ordered demolition) or whether full notice, hearing and reasoned order requirements apply.
File a detailed reply or representation within the time given; seek personal hearing where applicable.
If action is threatened or taken without process, consider a writ petition under Article 226 before the Telangana High Court seeking status quo, restoration or quashing, supported by documents.
Monitor limitation and any appeal remedies against municipal orders.

Common mistakes include ignoring notices, relying only on oral assurances, failing to produce title and permission documents, and not recording the site condition before any demolition.

Current Status of the Malkajgiri Matter

As of 31 October 2026, the hearing is at an interim stage. GHMC and HYDRAA have been given three weeks to file detailed counter-affidavits. No final finding on the legality of the demolitions or the alleged occupation of the society’s land has been recorded in the published reports. Affected parties should watch for the counters and any further orders.

Relevant Local Context in Medchal-Malkajgiri and Greater Hyderabad

Malkajgiri falls in Medchal-Malkajgiri district. Disputes involving cooperative society layouts, alleged open-space encroachments, dumping yards and HYDRAA or GHMC action are not uncommon in the region. Earlier High Court proceedings in the same district have examined HYDRAA actions in the face of existing court orders, revenue record changes and absence of notice. The present observations reinforce that statutory powers must be exercised by the competent authority in accordance with procedure.

Frequently Asked Questions

Can GHMC or HYDRAA demolish structures after granting layout or building permissions?: Permissions and regularisation orders are relevant facts. Authorities must still follow the statutory procedure under the GHMC Act and applicable guidelines. The High Court has questioned the inconsistency of granting approvals and later seeking demolition without explaining the basis and process.
Is a demolition valid if the reply to the notice was not decided and communicated?: The Court specifically asked why demolitions proceeded without communicating the outcome of the notice-reply proceedings. Natural justice and the Supreme Court’s 2024 guidelines generally require a hearing and a reasoned order before demolition (outside stated exceptions).
What are the Supreme Court’s main requirements before demolition?: Show-cause notice (minimum 15 days from receipt), personal hearing, reasoned final order, further 15 days before execution, and videography. Exceptions exist for certain public places and court-ordered demolitions.
What should a cooperative society or plot holder do if land is being used for a dumping yard?: Document the occupation, serve representations, and if unresolved, approach the civil court or High Court (depending on the nature of the claim and urgency) with title documents. The present case shows the Court is examining such allegations and seeking counters.
Does the High Court decision in this matter protect all Malkajgiri properties?: No. The observations are in the specific petitions concerning the Defence Housing Cooperative Society layout and related individual plots. Each case turns on its documents, notices and applicable law. The matter remains pending.
Where can I get legal assistance for demolition or property disputes in Medchal-Malkajgiri?: SN Law Chambers, based at Medchal Check Post, handles civil and property litigation, including municipal and demolition-related matters. Consultation can be arranged to review documents and advise on appropriate remedies.

How SN Law Chambers Can Help

SN Law Chambers assists clients in Medchal-Malkajgiri and Greater Hyderabad with property disputes, challenges to demolition or sealing actions, layout and permission issues, and related civil litigation. We review title documents, municipal records, notices and replies, and advise on writ petitions, representations or other remedies. Contact the chambers at Plot No. 33, Survey No. 874, Gandimaisamma Road, Medchal Check Post, Medchal, Telangana 501401; email contact@snlawchambers.in or phone +91 88969 66663 to discuss your matter. This article is for general information and does not constitute legal advice.