GREATER HYDERABAD MUNICIPAL CORPORATION

GREATER HYDERABAD MUNICIPAL CORPORATION
Office of the, Commissioner
Town Planning Section, (H.O.),
GHMC,Tankbund, Hyderabad
Circular Instructions
Cir.No. 7700/TPS/HO/GHMC/2009 Dt: .01.2011
Sub:-GHMC–TPS–HO - Prevention of unauthorized constructions / constructions
in contrary to sanctioned plan, land use, zoning regulations – Certain
Instructions Issued – Regarding
Ref:-
1. Section 452, Section 461, Section 596, Section 636 of HMC Act
2. Act 6 of 2008
3. Act 9 of 2008.
4. Cir.No. 7700/TPS/HO/GHMC/2009 Dt:05.01.2011
*** *** ***
The attention of all Zonal Commissioners / Deputy Commissioners / Assistant
City Planners of GHMC is invited to the subject and references cited. As they are aware
that as per the section 461(4) of HMC Act 1955 (Act 6 of 2008) the persons who are
carrying out the construction or development of any land in contravention of the statutory
master plan or without permission , approval or sanction or in contravention of any
condition subject to which such permission, approval or sanction has been granted are
punishable with imprisonment for a term which may extend to three years, or with fine
which may extend to ten percent of the value of the land or building including land in
question as fixed by the Registration Department at the time of using the land or
building., provided that the fine imposed shall, in no case be less than fifty percent of the
said amount.
To initiate action under the above provisions of HMC Act a complaint along with
the necessary documents has to be filed in the concerned Metropolitan Magistrate , City
Civil Court against the person / persons who are taking up the construction without any
permission or taking up the construction in contravention of approved plan or statutory
master plan. Standardized proforma for filing complaint in the concerned Metropolitan
Magistrate , City Civil Court is enclosed herewith for ready reference. However before
doing so, the detailed guidelines and instructions issued vide reference 4 th cited have to
be followed scrupulously and nature of deviation – major or minor has to be examined.
Further, hardship cause to public in general, or neighbours in particular, has to be
thought of.and to be indicated clearly in the complaint..

The standardized proforma is also available for downloading on the website
www.ghmc.gov.in ( viz., go to GHMC website Home Page → select link “What’s new”
→ click on “ proforma for filing complaint under section 461(4)of HMC Act ).
The above instructions shall be followed scrupulously.
Encl: As above. Commissioner
Greater Hyderabad Municipal Corporation
To
1. All Zonal Commissioners, GHMC.
2. All Dy.Commissioners, GHMC.
3. All Asst.City Planners of Circle No.1 to 18, GHMC.
4. All Addl.CCPs/CPs/SAP.
5. All TPAs/TPS/SOs.
Copy to
1. The Chief City Planner, GHMC.
2. The Addl.Commissioner (Plg.), GHMC.
3. The Addl.Commissioner (Admin.), GHMC.
4. The Addl Commissioner (legal), GHMC
5. All Standing Counsels of GHMC

IN THE COURT OF THE METROPOLITAN
MAGISTRATE CITY CRIMINAL COURT,
………………………..
AT: HYDERABAD/ RANGAREDDY
C.C.NO. OF 2011
Between
GHMC, Rep by
Complainant
And
____________________
Accused
COMPLAINT FILED UNDER ACT 6 OF
2008, U/S 461 OF HMC ACT 1955 R/W 190
& 200 OF Cr.P.C.
Filed on :
Filed by:
ADVOCATE
COUNSEL FOR COMPLAINANT

IN THE COURT OF THE METROPOLITAN MAGISTRATE
AT: HYDERABAD
C.C.NO. OF 2010
Between
Greater Hyderabad Municipal Corporation.
Re. by ____________,
S/o. _______________, Age about __________ years,
Occ: _______________, O/o ____________________,
Hyderabad.
And
Complainant
Sri. ________________________,
S/o. ________________________,
Age about _______, Occ:______,
R/o. ________________________.
Accused
COMPLAINT FILED UNDER ACT 6 OF 2008, U/S 461 OF HMC ACT 1955, 190 Cr.P.C
& 200 Cr.P.C.
1. NATURE OF OFFENCE : Illegal Constructions Punishable
U/s 461(4) Act 6 of 2008, HMC Act,
1955.
2. DATE OF OFFENCE : __________ and other dates as
mentioned in the complaint.
3. PLACE OF OFFENCE : _______________________.
4. JURISDICTION OF P.S
FOR INVESTIGATION : ---------------------------------------.
5. LIST OF WITNESSES :
1.
2.
BRIEF FACTS:
The above named complainant humbly submits as under.

1. That the complainant submits that the complainant is a corporation governed
under HMC Act.
2. That the complainant submits that the _______________ is the authorized
person to represent the complainant corporation and the Commissioner has
authorized Mr. __________ to represent on behalf of the Commissioner, the
copy of the same is submitted herewith.
3. That the complainant submit that ;
(a) the accused has applied and obtained building permission for construction of
_______ floors Residential / Commercial/ Institutional building alongwith the
setbacks mentioned in the sanctioned plan vide Permit No. ________ dated
_______, under G.O.Ms.No. ___________ Dt. in Pr.No.________________
_______________________ in ………………sq.mts of plot area . That the
complainant submits that the accused has also submitted relevant documents /
undertaking that he will make the construction as per the sanctioned plan. Copy
of the sanctioned plan and undertakings submitted by the accused at the time of
building application and other relevant documents are filed herewith. Further the
complainant submit that the accused having obtained the permission for
_________ floors for Residential / Commercial / Institutional purpose has
constructed _____ ______________ floors in deviation to sanctioned plan and
not maintained the setbacks as per the sanctioned plan and converting the
building to other purpose viz., ___________. The deviations and unauthorized
constructions made by the accused are given below:
Sl.No. Description
1. Total No.of floors
As per
sanctioned
plan
As on
ground
deviations
2. Usage
3. Total Built up area
4. Parking Area
5. Allround Setbacks
a) Front
b) Rear
c) Side (1)
d) Side (2)
6. Other deviations if
any
In view of the complainant submits that the accused has committed breach of
trust and cheated the complainant corporation
OR

(b) that the complainant submit that the accused has not obtained any prior
permission from the respondent corporation as required under the HMC Act
1955 and constructing a Residential / Commercial / Institutional building with
……………floors unauthorisedly as given below .
Sl.No. Description As per construction made on
ground
1. Total No.of floors
2. Usage
3. Total Built up area
4. Parking Area
5. Allround Setbacks
a) Front
b) Rear
c) Side (1)
d) Side (2)
6. Other violations if any
4. The complainant submits that the officials of the complainant corporation have
inspected the site on ………………..and conducted panchanamma and also
obtained photographs of the building and the same are filed herewith.
5. That the complainant submits that any construction made in deviation to
sanction plan or without prior permission from GHMC as required under the
HMC Act 1955 is punishable under the Act 6 of 2008 of HMC Act.
6. That the complainant submits that as per the Act 6 of 2008 of HMC Act, 1955
the accused has committed offence under section 461 of HMC Act, 1955 and
liable to be punished under section 461(4) of HMC Act, 1955 with imprisonment
for a term which may extend to three years, or with a fine which may extend to
ten percent of the value of land or building including land in question as fixed by
the Registration Department at the time of using the land or building. Provided
that the fine imposed shall, in no case be less than fifty percent of the said
amount.
7. That the cause of action to file the present complaint arose on _____ when the
accused is making illegal construction making construction in deviation to the
sanctioned plan / without taking any prior permission from the complainant
corporation and on _____ when the officials of the complainant corporation
conducted panchanama of the site and building of the accused and all other
dates which are specifically mentioned in the complainant.
8. That there is no collusion between the parties and there is no case pending or
filed before any other court for similar relief.

9. That the construction took place within the jurisdiction of this Hon’ble Court.
Hence the Hon’ble Court has the jurisdiction to entertain the complaint.
It is therefore prayed that the Honorable Court may be pleased to take ognizance
of the complaint and punish the accused under Act 6 of 2008 of HMC Act.
a. To punish the accused under section 461(4) of HMC Act, 1955 with
imprisonment for a term which may extend to three years, or with a fine
which may extend to ten percent of the value of land or building including
land in question as fixed by the Registration Department at the time of
using the land or building. Provided that the fine imposed shall, in no case
be less than fifty percent of the said amount.
b. Pass such other relief or reliefs which the complainant is entitled for in the
circumstances and in the interest of Justice.
Date
Hyderabad.
Complainant.
Counsel For Complainant
V E R I F I C A T I O N
I …………………………the above complainant do hereby verify that the contents
of this complaint are true and correct to the best of my knowledge and belief. Hence
verified the same on this the day of 2011 at Hyderabad.
COMPLAINANT
COUNSEL FOR COMPLAINANT

LIST OF DOCUMENTS
Sl.No. Date Parties to Documents Description of Documents
1. Complainant / accused Application
2. -do- Sanctioned Plan
3. -do- Sale Deeds
4. -do- Undertakings
5. -do- Panchanama &
Photographs.
6. Complainant Authorization letter
7. -do- Act 6 of 2008
8. Accused Market Value Certificate
9. Accused Notices issued to the
accused