Demolition of unauthorised constructions, including action by HYDRAA in and around Hyderabad, has been a major concern for property owners. In November 2024, the Supreme Court laid down pan-India procedural safeguards that authorities must follow before demolishing a structure.
The Supreme Court’s guidelines
In In Re: Directions in the Matter of Demolition of Structures, 2024 INSC 866 (decided 13 November 2024), the Court directed, among other things:
- Show cause notice: no demolition without a prior notice, returnable within the time allowed by local law or 15 days from service, whichever is later. The notice must be sent by registered post and affixed on the structure, and must state the nature of the violation and the date of personal hearing.
- Personal hearing: the owner must be heard and the minutes recorded.
- Reasoned final order: the order must deal with the owner’s reply and explain why demolition, rather than compounding or partial demolition, is the only option.
- Time after the order: a further 15 days to allow the owner to remove the structure or approach an appellate authority or court.
- Videography and report: the demolition must be video-recorded and an inspection report prepared.
- Accountability: officials who violate the directions may face contempt and be personally liable to restore the property at their own cost and pay damages.
Where the guidelines do not apply
The directions do not apply to unauthorised structures in public places such as roads, streets, footpaths, land abutting railway lines, or rivers and water bodies, or where a court has already ordered demolition. This is important in Hyderabad, where many disputes concern lake Full Tank Level (FTL) and buffer zones.
The position in Telangana
The Telangana High Court has repeatedly scrutinised demolition drives. In April 2026 it restrained HYDRAA from carrying out demolitions in city and municipal areas, except for removing encroachments on water bodies, nalas and public roads, citing the absence of a standard operating procedure and demolitions carried out without notice.
What to do if you receive a notice
- Note the date of receipt and the time allowed for reply.
- Collect your title documents, sanctioned plan, building permission, tax receipts and any regularisation applications.
- File a detailed written reply and attend the personal hearing.
- If an order is passed, examine whether appeal or court remedies are available within the 15-day window.
Key judgments
- In Re: Directions in the Matter of Demolition of Structures, 2024 INSC 866.
- Olga Tellis v. Bombay Municipal Corporation, (1985) 3 SCC 545: the right to livelihood is part of the right to life under Article 21, and procedure must be fair and reasonable.
This article is published for general information only. It does not constitute legal advice or solicitation, and no lawyer–client relationship is created by reading it.