• Purchased plot in unapproved layout

Hi,

I've purchased a panchayath approved plot in the outskirts of Hyderabad around 7 years ago (gated community which falls under HMDA master plan). At that point of time, I made a mistake by not paying attention to aspects such as HMDA/DTCP (Town planning authority) approval.

Recently, one of my friends told me that such plots are deemed illegal and will be taken back by the government. However, when I researched in MRO office/online with the survey numbers, they are not part of any prohibited lands and still considered to be a part of residential area in the sub-registrar and MRO records.

After further research, I’ve been told that I might not get permission to construct a house unless the government shows us mercy to regularize. My fear is that the plot itself being taken over by the government/municipal authorities.

Question 1: Would it be possible that the government/municipality will take over my plot just because the layout is illegal even though it doesn’t come under any prohibited, assigned, waqf lands?

Question 2: I see that a few plot owners adjacent/opposite to my plot have already constructed houses just by taking panchayat approval, if I try replicating the same am I risking my house by putting it under the radar of HMDA/Municipal authorities to get demolished?

Thanks in advance for your help.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

You need approval of HMDA to carry on construction on said plot .

2)penalty would be imposed and regularisation done by the authorities

3) chances of your house being demolished are remote

4) it is better you apply to authorities for regularisation

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

Sir , construct a house or a small room with boundary over the plot.. Once built it is difficult for the authority to demolish and take over the plot..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

government cannot take over the land merely on the basis of administrative order. government is bound to give a notice and a time period for express your version/stand in respect of said land. without giving an opportunity government cannot take over the land. you can challenge before the court if rule of natural justice is not followed by the government,

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. If you have a registered sale deed to prove your ownership or marketable title to the property, you may file an injunction suit agaisnt the government if it plans to acquire the property for any purpose or reason restraining the governmental agency from forcibly dispossessing you from the property other than by due process of law.

2. The panchayat approval is not valid and the governmental authority under whose control this would come, may initiate action to demolish the structure raised without obtaining proper approval.

So dont run a risk just because your neighbors have done that.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

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