What Is Section 635 Of Ghmc Act 1955 -
Fact: False. Paying the penalty only punishes the violation. You must still obtain proper permission or demolish the illegal portion. GHMC can levy separate penalties under other sections.
Understanding Section 635 requires breaking it down into its core legal components:
The section essentially states that notwithstanding other provisions of the Act, the Commissioner may, subject to certain conditions, permit the retention of any building or work constructed without a valid permit, provided it does not violate specific zoning and safety regulations.
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.
If you are a property owner in Hyderabad or a citizen concerned about the city's urban planning, you have likely heard of the GHMC Act, 1955. While the Act is vast, Section 635 stands out as one of the most powerful legal provisions regarding building regularisation.
Often discussed in the context of the Building Regularisation Scheme (BRS), this section acts as a legal bridge between illegal construction and legal compliance.
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
Note to the reader: This paper is based on the standard legal interpretation of municipal savings clauses. For exact wording and any amendments specific to the GHMC Act, 1955, readers should consult the official certified copy of the Act as amended by the Government of Telangana.
Section 635 of GHMC Act, 1955:
Section 635 of the Greater Hyderabad Municipal Corporation (GHMC) Act, 1955, relates to the development and redevelopment of land within the city.
Key Provisions:
Objective:
The objective of Section 635 is to empower the GHMC to play an active role in the development and redevelopment of land within the city, with a view to: Fact: False
Implications:
Section 635 has significant implications for:
In summary, Section 635 of the GHMC Act, 1955, provides the GHMC with the necessary powers to acquire, develop, and redevelop land within the city, with the objective of promoting orderly and planned development, providing affordable housing and infrastructure, and enhancing the economic and social well-being of citizens.
Q1. Can I be arrested under Section 635? Yes, if the violation involves danger to public safety (e.g., illegal construction of a weak structure likely to collapse), police can arrest without warrant.
Q2. Is the daily fine under Section 635 capped? Originally, it was not capped. However, recent GHMC circulars limit the maximum cumulative fine to 5 times the base penalty (i.e., ₹25,000) for continuing offenses, except in cases of deliberate fraud.
Q3. Can GHMC demolish my property without a court order under Section 635? No. Section 635 only covers fines. Demolition requires separate proceedings under Sections 452–456 of the GHMC Act. However, GHMC often issues both simultaneously. Understanding Section 635 requires breaking it down into
Q4. Does Section 635 apply to government buildings? Yes. Government departments (including state and central) are not immune. GHMC has levied fines on government agencies for encroachments and unauthorized constructions.
Q5. How do I check if I have a pending Section 635 notice? Visit the GHMC citizen portal (https://online.ghmc.gov.in) and check under “Enforcement Notices” using your property ID or owner name.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws and penalties may have changed after publication. Always consult a qualified lawyer or the GHMC’s legal department for specific cases.
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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.