What Is Section 635 Of Ghmc Act 1955 -

This paper examines Section 635 of the Hyderabad Municipal Corporation Act, 1955 (hereafter referred to as the GHMC Act, 1955), a provision that has often been a subject of ambiguity and legal contention. While the Greater Hyderabad Municipal Corporation (GHMC) primarily operates under the GHMC Act, 1955 (as amended), Section 635 functions as a critical “saving” or “validation” clause. This paper argues that Section 635 was designed to protect the validity of actions, notifications, and bylaws issued under preceding municipal legislations for the Hyderabad region, thereby ensuring legal continuity and preventing administrative paralysis following the enactment of the unified 1955 Act.

The Greater Hyderabad Municipal Corporation (GHMC) Act, 1955, is the primary legislation governing the administration, urban planning, and infrastructure of Hyderabad. Among its many provisions, Section 635 stands out as a critical tool for enforcing building regulations and curbing unauthorised construction.

Often referred to as the "penal clause" for illegal buildings, Section 635 empowers the municipal corporation to take strict action against property owners or builders who violate the sanctioned building plan or construct without permission. what is section 635 of ghmc act 1955

Field-level officials from the GHMC’s Town Planning, Sanitation, and Enforcement wings use Section 635 daily. Here is how:

| Violation Type | 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 | This paper examines Section 635 of the Hyderabad

Under certain GHMC policies (like the Building Regularisation Scheme), some unauthorised constructions can be "regularised" by paying a penalty. However, Section 635 is different. It is the punitive provision for violations that have already occurred. If a building cannot be regularised due to serious violations (e.g., no setback at all, construction on a water body), GHMC will invoke Section 635 to prosecute or order demolition.

Understanding Section 635 requires breaking it down into its core legal components: no setback at all

If the violation is not rectified (e.g., the unauthorised floor is not demolished) or the compounding fee is not paid, the law imposes an additional daily fine for every day the offence continues after the first notice.

In recent years, Section 635 has been at the center of political and legal debate in Telangana.