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What Is Section 635 Of Ghmc Act 1955 -

Section 635 of the Greater Hyderabad Municipal Corporation (GHMC) Act, 1955, grants the Municipal Commissioner the authority to demand specific information regarding the ownership or occupancy of any premises. This is primarily a procedural power used to ensure that legal documents—such as tax bills, notices, or summons—are served to the correct person. Key Provisions of Section 635

Power to Request Information: The Commissioner can issue a written notice requiring an owner or occupier to disclose their interest in a property (e.g., whether they are a freeholder, lessee, or mortgagee).

Disclosure of Others: Individuals must also provide the names and addresses of any other persons known to have an interest in the premises.

Legal Obligation to Comply: Under sub-section (2), anyone receiving such a notice is legally bound to provide true information to the best of their knowledge. Context and Usage

Facilitating Official Services: This section is often cited in the context of serving notices related to property taxes, municipal schedules, or legal summons.

Regulatory Enforcement: 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.

Delegated Authority: Recent ordinances have enabled the government to assign these powers to other agencies, such as the Hyderabad Disaster Response and Asset Protection Agency (HYDRAA) , to protect public assets and water bodies. what is section 635 of ghmc act 1955

For the authoritative legal text, you can refer to the Greater Hyderabad Municipal Corporation Act, 1955 on the India Code website.

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Section 635 of the Greater Hyderabad Municipal Corporation (GHMC) Act, 1955

empowers the Commissioner to require owners or occupiers of any premises to provide information regarding their legal interest in that property Indian Kanoon Key Provisions of Section 635 Information Gathering

: To facilitate the service of notices, bills, or summons, the Commissioner can issue a written notice requiring a person to state their interest in a property. Disclosure of Others

: Property owners or occupiers must also provide the names and addresses of any other parties with an interest in the premises, such as mortgagees, lessees, or freeholders, as far as they are known. Compliance Period Section 635 of the Greater Hyderabad Municipal Corporation

: The information must be submitted in writing within a specific timeframe determined by the Commissioner. Indian Kanoon Legal Context and Enforcement

This section is often used in administrative and legal proceedings to verify property details before taking actions like demolition or tax assessments. Administrative Procedure

: Courts have noted that authorities must follow proper procedures under this section, such as providing an opportunity for a hearing and verifying registered sale deeds before taking coercive steps like demolition. Jurisdiction

Section 635 of the Greater Hyderabad Municipal Corporation (GHMC) Act, 1955, serves as a "savings clause" regarding the Hyderabad Municipal Corporation Act of 1956.

In legal statutes, a "savings clause" is designed to preserve specific rights, obligations, or legal procedures when a new law replaces an old one.

3. Continuing Offense

One of the most powerful aspects of Section 635 is that it treats violations as continuing offenses. If you build an illegal floor on Monday, and it remains standing on Friday, you are considered to be committing a fresh offense each day. This results in daily accruing fines. It Obstructs Public Roads: If the building encroaches

Myth 1: “Section 635 applies only to builders, not homeowners.”

Fact: It applies to any person—including a homeowner who builds a wall without permission or stores commercial goods in a residential house.

3. Key Conditions for Regularisation

Section 635 is not a blanket immunity for all illegal buildings. The Commissioner cannot regularise a building just because the owner is willing to pay. There are strict "disqualification" criteria.

A building CANNOT be regularised under Section 635 if:

  1. It Obstructs Public Roads: If the building encroaches upon a road meant for public transport or a proposed road widening project.
  2. It Violates Land Use: If a residential building is built on land zoned for industrial or recreational use in the Master Plan.
  3. It Affects Drainage/Sewerage: If the construction blocks a natural drainage course (nala) or public sewerage lines.
  4. It is Unsafe: If the building is structurally unstable and poses a danger to inhabitants or neighbors.
  5. Setback Violations: While minor setback violations (the space between the building and the road) might be regularised with a penalty, severe violations that block ventilation and light may be rejected.

2. Why was this Section Introduced?

Hyderabad saw a massive real estate boom in the decades following the Act's inception. Thousands of buildings were constructed:

Under strict law, these buildings should be demolished. However, demolition is a complex, expensive, and politically sensitive process. The government realized that if a building is structurally safe and does not obstruct major public roads or drainage, it makes more sense to penalize the owner and regularise the structure rather than tear it down. Section 635 provides the legal framework for this compromise.

2. M. Ram Reddy vs. GHMC (2015)

The petitioner argued that Section 635 cannot be used for structural violations already covered under Section 421. The court disagreed, ruling that where the builder persists despite stop-work orders, Section 635’s daily penalty applies in addition to other sections.