GHMC Road Encroachment - As Gated Community
15-May-2025 (In Property Law)
A gate has been constructed between residential houses on a 40-foot-wide GHMC road, and the area is being claimed as a gated community. We have already filed a complaint with the GHMC, but no action has been taken. What are our next legal options?
If a gate has been constructed between residential houses on a 40-foot-wide GHMC road, and the area is being claimed as a gated community, such an act is illegal if the road is classified as a public road under GHMC limits. Blocking a public road without due permission violates municipal rules and infringes on the public's right of way. Since a complaint has already been filed with GHMC and no action has been taken, you may now consider the following legal options:
File an RTI Application with GHMC to seek the status of your complaint, including any permissions granted for the gate construction. This creates pressure and builds documentary evidence.
Approach the Lokayukta or State Vigilance Commission, submitting your grievance against inaction by GHMC.
Send a legal notice to GHMC demanding immediate removal of the gate as it encroaches public property.
If there's still no response, file a Writ Petition under Article 226 of the Constitution before the Telangana High Court seeking a direction to GHMC for removal of the illegal gate and for enforcement of public rights.
Collect photo/video evidence and affidavits from affected residents, which will strengthen your case.
Courts have consistently held that public roads cannot be converted into private gated colonies unless specifically sanctioned by the authorities following due process.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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