What Is Section 635 Of Ghmc Act 1955 Instant
Orders the owner to demolish, alter, or undo the illegal structure at their own cost.
The Greater Hyderabad Municipal Corporation (GHMC) is one of India’s largest municipal bodies, governing the capital city of Telangana. Its foundational legal framework is the (Act No. II of 1956), which came into force on December 1, 1955. Over time, this Act has been amended numerous times to address the growing complexities of urban governance. However, a less-discussed but legally significant provision within this Act is Section 635 .
This provision serves as an essential regulatory tool for the Greater Hyderabad Municipal Corporation (GHMC) . It prevents property anonymousness, streamlines the delivery of official summonses, and aids enforcement actions against illegal constructions and tax evasion. The Legal Framework: Statutory Text
But what exactly is Section 635, and why does it matter to the average citizen or developer? Here is a detailed breakdown of its meaning, purpose, and implications. What is Section 635 of the GHMC Act? what is section 635 of ghmc act 1955
+--------------------------------------------------------------+ | GHMC Commissioner Issues Notice | | (Under Section 635(1) to Owner/Occupier) | +--------------------------------------------------------------+ | v +--------------------------------------------------------------+ | Recipient Submits Written Record | | (Discloses Titles, Mortgages, or Lease Agreements) | +--------------------------------------------------------------+ | v +--------------------------------------------------------------+ | GHMC Formally Serves Demand | | (Tax Assessments, Summons, or Encroachments) | +--------------------------------------------------------------+
Section 635 ensures that the specific role of the City Civil Court in adjudicating municipal disputes remains uninterrupted and valid, preserving the legal framework established by the previous 1956 Act regarding that specific court.
Source basis
Together, these provisions create a layered framework that begins with the requirement of obtaining prior permission (Section 428), proceeds through the detection and notice stage (Section 635), and culminates in demolition (Section 636) coupled with the imposition of penalties.
The commissioner specifies a timeframe within which this information must be provided. 2. The Duty to Comply (Sub-section 2)
: Upon considering the response, if the authorities conclude that a violation has indeed occurred, they may impose a penalty. As per amendments introduced in August 2013, the GHMC Act 1955 provides for the levy of a penalty on deviations and unauthorized constructions. Notably, the payment of such a penalty does not amount to the regularization of the unauthorized construction or reconstruction, and the penalty itself is deemed to be property tax due for the relevant period. Orders the owner to demolish, alter, or undo
Focuses on notices given for building violations or deviations from sanctioned plans.
If a property owner challenges a GHMC order (such as a notice regarding an encroachment), the first thing a court looks at is whether the notice was issued legally. Section 635 ensures that if the document follows the prescribed authentication process, it holds up in legal proceedings. 3. Protection Against Forgery
: The Commissioner dictates the response window within the text of the notice. Missing this window can cause the municipal body to classify the building as explicitly unauthorized. II of 1956), which came into force on December 1, 1955
then that person is considered to have committed an offence under this section.