: If an owner refuses to clarify their interest, the GHMC can proceed with enforcement actions based on available revenue records. This may result in demolition orders being executed without further input from the uncooperative party.
Despite its implications, Section 635 of the GHMC Act 1955 has some challenges and limitations. Some of the challenges are:
The Commissioner may, with the sanction of the Corporation, make rules for the purpose of carrying into effect the provisions of this Act, and in particular, but without prejudice to the generality of this power, may make rules:
If you are looking to buy a flat or a house in Hyderabad:
Core Provisions of Section 635 The section is divided into two operational mandates: what is section 635 of ghmc act 1955
| | Act | Equivalent Section | Penalty | |----------|---------|------------------------|--------------| | Mumbai | MRTP Act, 1966 | Section 55 | Fine up to ₹2,000 + daily fine | | Delhi | DMC Act, 1957 | Section 461 | Fine up to ₹5,000 + ₹500/day | | Bengaluru | KMC Act, 1976 | Section 462 | Fine up to ₹2,000 + ₹500/day | | Hyderabad (GHMC) | GHMC Act, 1955 | Section 635 | Fine up to ₹5,000 + up to ₹1,000/day (amended) |
empowers the Municipal Commissioner to issue a written notice requiring property owners or occupiers to disclose details regarding the ownership, title interest, and third-party stakeholders of a given premises . This statutory provision acts as a vital tool for municipal governance, ensuring that official documentation, bills, legal notices, and summonses are accurately served to the correct legal entities.
: Check that the notice originates from the Municipal Commissioner or an explicitly delegated authority.
: Gather valid property title deeds, registered lease contracts, mutation certificates, or approved construction blueprints. : If an owner refuses to clarify their
Visit the GHMC citizen portal (https://online.ghmc.gov.in) and check under “Enforcement Notices” using your property ID or owner name.
The most frequent application of Section 635 is in property tax disputes. If a property owner was assessed for tax in 1953 under the old municipal law, and the GHMC claims arrears under the 1955 Act, Section 635 validates the original assessment, provided it is not contrary to the new Act. Courts have held that such “deemed continuity” prevents citizens from challenging old liabilities solely on the ground that the enabling law has been repealed.
The law asks for information "to the best of his knowledge and belief." However, it is expected that the occupant of a premises has some information regarding the legal owner.
Under this provision, the Municipal Commissioner is empowered to formally request that property occupiers or owners identify themselves, along with any other parties having a stake in the premises, such as mortgagees, as defined in the GHMC Act 1955 . This process ensures accurate record-keeping for serving legal notices and collecting municipal taxes. Some of the challenges are: The Commissioner may,
: 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
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: The recipient does not have indefinite time to comply. The Commissioner sets a firm deadline directly in the written notice.
In the heart of Banjara Hills, there stood a mansion known as "The Gilded Gate." For years, it had been a ghost—no taxes were paid, no one ever saw the owner, and yet, every night, a single light flickered in the attic.