• Effect of Maharashtra Town Planning (Compounded Structures) Rules, 2017 on existing writ petition

Dear Experts, 

Since April 2014, I have a litigation pending before Hon'ble High Court at Bombay against illegal constructions done by my builder. Our local municipality and State of Maharashtra are also party to the litigation. Illegalities are related to FSI, open space, illegal construction etc. 

My question is, 
1) Now since we have "Maharashtra Town Planning (Compounded Structures) Rules, 2017" in place since October 2017, can our municipality legalise the illegal structure erected by my builder? 

2) Will my high court petition of year 2014 against builder, municipality and state of Maharashtra become infructuous after the said "Maharashtra Town Planning (Compounded Structures) Rules, 2017" coming in to existence? Please reply..

3) Is the said rule challenged befor Hon'ble Bombay High court or Hon'ble Supreme Court?

Please reply
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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12 Answers

Dear Client,

Rules shall apply to the unauthorized developments carried out on or before 31/12/2015. writ will be infrastructure only after regularization of construction.

Rule prevail at present.

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

If there`s no stay or staus quo.

You are effected party, than certainly in case of regularization , you will have to assail the rules or regularization order.

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

1) Now since we have "Maharashtra Town Planning (Compounded Structures) Rules, 2017" in place since October 2017, can our municipality legalise the illegal structure erected by my builder?

Answer: The municipality can legalise the illegal structures;

2) Will my high court petition of year 2014 against builder, municipality and state of Maharashtra become infructuous after the said "Maharashtra Town Planning (Compounded Structures) Rules, 2017" coming in to existence? Please reply..

Answer: The matter will be sent by the High Court to the planning authority for perusal. If the authority feels that the planning authority should look into it and if there is scope of regularization of the same then it can be regularized;

3) Is the said rule challenged befor Hon'ble Bombay High court or Hon'ble Supreme Court?

Answer: This will depend on the facts of your case. What violations have been made etc. Therefore it would be better if you could share more facts or petition number of your case so that recent orders can be read upon;

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If the opposite party will come in same writ with the plea of compound structure rules, than the prayer will be amended to quash the new rules and writ will transfer in DB.

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

since matter is sub judice municipal corporation would not legalise illegal structure pending hearing and final disposal of writ

2) your writ would be infructuous

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

TMC would not issue OC and regularise illegal structure pending hearing and final disposal of writ

2) you dont need to challenge the amended rules at this stage

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

you can file separate petition challenging regularisation rules

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

hello

considering the facts and the changed law you have stated, a WP was filed challenging the law as it stood at that point in time. now after the amendment which is basically regularization of the illegal structures against which you field a petition, your petition has become infructuous and hence file an amendment application and amend the prayer and certain paras of the petition if you wish to challenge the vires of the act.

regards

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

1. It is true that Civic Body may compound the offence of illegal structures, by regularizing the same by following due procedure of law and file affidavit in Court, thus making the pending Petition as infructuous.

2. Statute Rules cannot be overturned via the present petition and neither the legality of the new Rule can be challenged before the High Court, except by filing a new petition. Simply it shall be a hopeless situation.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. The legalization of the structure will vest on the local civic body, hence it is upto the discretion of the said competent authority.

2. You have filed the case in the year 2014 as per the rules in vogue at that time, hence there is no question of the same becoming infructuous due to the present and latest rules on this.

3. No information yet.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. It depends on the discretion and the prevailing laws on the subject.

2. Dont jump into any conclusion before you are getting any conclusive information on that subject.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Do we need to file a separate petition challenging the regularization order/ rules or it can be challenged in same petition by carrying out amendment it it?

If that impacts your case, you may have to file an appeal to challenge the same.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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