• Can construction be done in common plot with mutual agreement?

There are total 6 plots in land block in set of two (2+2+2) and only society is made up of only three plot owner and each owner has purchased two plots. there are internal roads, commont plots and open land sarroundind the plot in same land block. Now for their convince all three members have with mutaual agreement distributed internal roads, common plot and open lands between them and have cordened off their respective lands with wall compound. The main owner has also no problem with this distribution. For same dastavej was also done. In which is cotegorically mentiond that we have given you 2 plots by sale and we also give you sarrounding by sale. Now when we are doing construction on this sarroundin land we have been issued notice by municipalty to remove construction as construction is being done in common plot and internal road. When there is no problem to member of a same society and also there is no problem to main owner who has forfited his all rights. Can we do construction in common plot as it is sold to us? Also before starting the construction we had obtain permission for construction from same municipalty providing the land dastavej and were granted permission in written by them..
Asked 7 years ago in Property Law
Religion: Muslim

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4 Answers

has building plans being sdanctioned by muncipal corporation ?

2) you cannot carry on construction unless layout plans have been sanctioned by corporation

3) enclose copy of agreement entered into in reply

4) contact a local architect

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

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In reply to notice enclose copy of layout plans approved by muncipal corporation

2) request for vacating the stop work notice

3) if MC refuses file suit and seek orders for removal of stay

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Can we do construction in common plot as it is sold to us? Also before starting the construction we had obtain permission for construction from same municipalty providing the land dastavej and were granted permission in written by them..

You can construct in the landed property which belongs to you and not additionally in the common land also, though there is no objection from anyone.

The common areas are meant for roads and other amenities, that is the permission for converting it into plot from agricultural land was sought and approved.

It would be illegal to construct and extend your construction in the common areas which have been allocated for other purposes in the layout approval;

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

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Building construction plan approval is different to that of the plot lay out approval.

If lay out approval was obtained after conversion of the landed property into plotted property, then the common areas as shown in the lay out plan seeking approval are to remain as approved and cannot be encroached.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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