This article is for informational purposes only and does not constitute legal advice. Laws and regulations are subject to change. For specific legal guidance regarding any matter, you should consult with a qualified legal professional.
Any person served with such a notice is legally bound to comply and must provide information that is true to the best of their knowledge and belief. Administrative Context
It is a common misconception that Section 635 gives GHMC officials "blanket immunity." The Indian Judiciary has frequently intervened when this section is misused.
Here is a detailed breakdown of what Section 635 entails, why it exists, and how it affects property owners.
Understanding Section 635 of the Greater Hyderabad Municipal Corporation (GHMC) Act, 1955: Powers of the Commissioner
Section 635 of the Greater Hyderabad Municipal Corporation (GHMC) Act, 1955 , grants the Municipal Commissioner the authority to call for information regarding the ownership of premises
Section 635 is for all illegal buildings. The Commissioner cannot regularise a building just because the owner is willing to pay. There are strict "disqualification" criteria.
In legal statutes, a "savings clause" is designed to preserve specific rights, obligations, or legal procedures when a new law replaces an old one.
: 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.
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.
| | Purpose | Penalty | |-------------|-------------|--------------| | Section 421 | Illegal construction of building | Imprisonment up to 3 months + fine up to ₹5,000 + demolition | | Section 636 | Obstruction of municipal officer | Fine up to ₹500 | | Section 635 | Residual violations (e.g., by-law breach) | Fine up to ₹5,000 + daily fine |
Section 635 of the GHMC Act 1955 has significant implications for property owners, developers, and the city of Hyderabad as a whole. Some of the implications are:
| | Action Under Section 635 | |-------------------|------------------------------| | Unauthorized construction (extra floor, deviation from plan) | Stop-work notice + daily fine of ₹500–₹1,000 until demolition or regularization | | Dumping construction debris on road | Immediate fine of ₹5,000 + ₹500 per day debris remains | | Operating a commercial unit in residential area without trade license | Fine + sealing of premises | | Failure to install rainwater harvesting structure | Notice + fine + direction to install within 7 days | | Cutting trees without permission | Fine per tree + compensatory afforestation cost |
The legal provision notes that the Commissioner can issue a written notice requiring any owner or occupier of a premises to state in writing, within a specified period: The exact nature of their interest in the property.
No section of a state act can override the Constitutional rights of a citizen. Under Article 226 , a citizen can still approach the High Court for a Writ Petition if their fundamental rights are violated by the GHMC. Section 635 vs. Section 636
What Is Section 635 Of Ghmc Act 1955 Page
This article is for informational purposes only and does not constitute legal advice. Laws and regulations are subject to change. For specific legal guidance regarding any matter, you should consult with a qualified legal professional.
Any person served with such a notice is legally bound to comply and must provide information that is true to the best of their knowledge and belief. Administrative Context
It is a common misconception that Section 635 gives GHMC officials "blanket immunity." The Indian Judiciary has frequently intervened when this section is misused.
Here is a detailed breakdown of what Section 635 entails, why it exists, and how it affects property owners. what is section 635 of ghmc act 1955
Understanding Section 635 of the Greater Hyderabad Municipal Corporation (GHMC) Act, 1955: Powers of the Commissioner
Section 635 of the Greater Hyderabad Municipal Corporation (GHMC) Act, 1955 , grants the Municipal Commissioner the authority to call for information regarding the ownership of premises
Section 635 is for all illegal buildings. The Commissioner cannot regularise a building just because the owner is willing to pay. There are strict "disqualification" criteria. This article is for informational purposes only and
In legal statutes, a "savings clause" is designed to preserve specific rights, obligations, or legal procedures when a new law replaces an old one.
: 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.
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. Any person served with such a notice is
| | Purpose | Penalty | |-------------|-------------|--------------| | Section 421 | Illegal construction of building | Imprisonment up to 3 months + fine up to ₹5,000 + demolition | | Section 636 | Obstruction of municipal officer | Fine up to ₹500 | | Section 635 | Residual violations (e.g., by-law breach) | Fine up to ₹5,000 + daily fine |
Section 635 of the GHMC Act 1955 has significant implications for property owners, developers, and the city of Hyderabad as a whole. Some of the implications are:
| | Action Under Section 635 | |-------------------|------------------------------| | Unauthorized construction (extra floor, deviation from plan) | Stop-work notice + daily fine of ₹500–₹1,000 until demolition or regularization | | Dumping construction debris on road | Immediate fine of ₹5,000 + ₹500 per day debris remains | | Operating a commercial unit in residential area without trade license | Fine + sealing of premises | | Failure to install rainwater harvesting structure | Notice + fine + direction to install within 7 days | | Cutting trees without permission | Fine per tree + compensatory afforestation cost |
The legal provision notes that the Commissioner can issue a written notice requiring any owner or occupier of a premises to state in writing, within a specified period: The exact nature of their interest in the property.
No section of a state act can override the Constitutional rights of a citizen. Under Article 226 , a citizen can still approach the High Court for a Writ Petition if their fundamental rights are violated by the GHMC. Section 635 vs. Section 636
