Ghmc Act 1955 High Quality - What Is Section 635 Of
Under certain GHMC policies (like the Building Regularisation Scheme), some unauthorised constructions can be "regularised" by paying a penalty. However, . It is the punitive provision for violations that have already occurred. If a building cannot be regularised due to serious violations (e.g., no setback at all, construction on a water body), GHMC will invoke Section 635 to prosecute or order demolition.
. By knowing exactly who has an interest in a property, the GHMC can ensure that: Notices and Bills
: In practice, Section 635 is frequently used alongside Section 452 (which deals with unauthorized constructions) to identify responsible parties before the GHMC takes enforcement actions like sealing or demolition.
of the Greater Hyderabad Municipal Corporation (GHMC) Act, 1955, grants the Municipal Commissioner the power to call for information regarding the ownership of premises . This section is a procedural tool designed to facilitate official communication and the enforcement of municipal duties. Overview of Section 635 what is section 635 of ghmc act 1955
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Section 635 of the GHMC Act 1955 pertains to the "Regularisation of unauthorized constructions". This section empowers the GHMC to regularize unauthorized constructions or developments that have been made in contravention of the provisions of the Act. The section states that the Commissioner of the GHMC may, on application by the owner or occupier of a building or land, regularize any unauthorized construction or development made on such building or land, subject to certain conditions.
This authority is primarily used to ensure legal documents, such as tax bills or summons, are served to the correct individuals. 🏗️ Core Provisions of Section 635 If a building cannot be regularised due to
Always hire a lawyer familiar with the GHMC Act. Many general civil lawyers misunderstand Section 635’s continuing offense provision.
While Section 635 grants substantial powers to the civic body, property owners maintain constitutional and procedural protections:
In practice, Section 635 is often cited alongside Section 452 (which deals with the demolition of unlawful buildings). For instance, in legal disputes like Dr. Sadiya Naazneen v. GHMC , property owners have challenged the jurisdiction of specific municipal directors to issue notices under this section. Courts generally emphasize that while the Commissioner has this power, they must follow "principles of natural justice," meaning property owners must be given a fair chance to present their documents and clarify their interests before any coercive action, such as demolition, is taken. of the Greater Hyderabad Municipal Corporation (GHMC) Act,
The primary function of Section 635 is to prevent a legal vacuum. Prior to the unified GHMC Act of 1955, the Hyderabad metropolitan region was governed by a patchwork of earlier municipal enactments, including:
In practice, offenses under Section 635 are treated as (police can arrest without warrant) and non-bailable when the violation endangers public safety (e.g., structurally unsafe illegal construction). However, for minor sanitation issues, it remains bailable.
According to the official text found on Indian Kanoon , the section is divided into two primary parts:
