Telangana's Municipal Building Tribunal Remains Unconstituted After 10 Years
Telangana's Building Tribunal Unconstituted for 10 Years

Telangana's Municipal Building Tribunal Remains Unconstituted After 10 Years

In a significant administrative lapse, the Telangana government has failed to establish the Municipal Building Tribunal (MBT) even a full decade after making provisions for its creation. The tribunal was specifically designed to adjudicate building-related cases, with a primary focus on the rampant issue of unauthorized structures across the state.

High Court Directive and Government Inaction

Back in April 2022, the state government informed the Telangana High Court of its intention to constitute the tribunal within a mere four weeks. This commitment, however, remains unfulfilled to this day. The delay is particularly critical as illegal constructions continue to proliferate, especially within the Greater Hyderabad Municipal Corporation (GHMC) limits.

The High Court itself had observed in 2022 that there was an urgent and pressing need for such a specialized tribunal to address the growing backlog of cases.

Mounting Case Backlog and Legal Stalemates

According to officials from the Greater Hyderabad Municipal Corporation, approximately 6,000 building-related cases are currently pending across various courts. A staggering 80% of these cases pertain directly to illegal constructions.

In many instances, property owners or builders have successfully obtained stay orders from the courts, effectively paralyzing the town planning wing and preventing the demolition of unauthorized structures. The remaining 20% of cases involve disputes where the GHMC and other civic bodies denied or revoked construction permissions, or where complex land issues are at play.

Structural Framework and Nomination Delays

The proposed tribunal is to be composed of two or three members. The chairman is to be a retired district judge, with the High Court responsible for recommending the name. A technical member, to be nominated by the state government, should be a retired municipal town planning officer of director cadre.

"Some names for these positions were actually suggested to the state government as far back as 2017, yet the tribunal was never constituted," noted sources familiar with the process. This highlights a pattern of prolonged inaction.

Civil Society Advocacy and Integrity Concerns

The Forum For Good Governance (FGG), a not-for-profit organization, has been a persistent advocate for the tribunal's establishment. Over the past ten years, the FGG has written numerous letters to successive chief ministers, municipal ministers, and administration secretaries. They have also filed a Public Interest Litigation seeking judicial direction to compel the state government into action.

FGG President M. Padmanabha Reddy articulated the consequences of this delay. "Had the state government taken steps to constitute the tribunal, there would have been no need for an agency like HYDRAA to demolish unauthorized structures," he stated.

He further raised serious concerns regarding the integrity of past nominations. "The earlier government recommended eight names, including retired and suspended officials. According to the GHMC Act, 2016, the technical member should be a serving officer. One recommended person is facing cases for disproportionate assets worth ₹250 crore, is suspended, and some are even facing vigilance cases. The government must appoint persons with integrity and a clean record," Reddy emphasized.

Recent Developments and Future Outlook

Sources within the municipal administration have indicated a potential breakthrough, suggesting that the file for setting up the tribunal is currently under circulation. They express hope that the members will be appointed within the next couple of weeks, paving the way for the tribunal to become operational soon.

This development, if realized, would mark the end of a decade-long wait and provide a dedicated judicial mechanism to tackle the critical issue of illegal constructions that plague Telangana, particularly its capital region of Hyderabad.