File complaint against chairman for carrying out unauthorised construction on his plot
2) if 3 floors of his house are unauthorised they also should be demolished
3) construct your house as per sanctioned plans only
Reconstruction of house
Recently I have purchased a old property dismantled it and start new construction and reached to slab level. Chairman of the society has filled a complain in corporation that plan is not approved so corporation representative came and stop the work. If we look at all other bungalow all have done such type of work. Every one has constructed 2 floor/ 3 floor while their original plan is only ground floor and no one gets approval from corporation. I am only constructing ground floor and that is only in my purchased area. I tried to settled it with chairman by expressing that I am ready to pay to society charges if any but take complain back. But looking at his attitude he is just interested in obstructing the construction. So I have contact corporation and starts the procedure of plan approval. What legal action I can take on other member who had constructed / renovated their property? They are paying annual corporation charges as per their original plan since many years, no one take approval form corporation authorities.
Asked 8 years ago in Property Law
Religion: Hindu
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7 Answers
No cosntrcutuoions of permamnetn anture is permisisonle unlessthe building plan is duly sanctioned by the local authrity.
It doesn't matter how may buildings have been constricted illegally and without a valid sanctioned plan.
Since there is a Municipal Corporation then you better apply for sanctioning of a building plan.The Corporation is bound to
You can file PIL in your locality is thriving with the illegal constructions under the chin of the local authority.
Firstly, you go by the permission clause first.
Secondly, once you get the approval then construct it.
Thirdly, then after file a representation to take action of illegal construction in your area. Though they won’t do anything.
Fourthly, wait for a month then file a writ of mandamus in the form of a PIL in the high court. Surely all illegal construction would get demolished as we have already tried it in Delhi and got the demolition done by the authorities.
Rest you can consult me for further assistance.
1. Two wrongs do not make one right. Merely because you have constructed similar houses before without obstacles does not have any nexus with the approval plan.
2. You have no locus standi to file any case under the civil law against those who have constructed their property without approval. The maximum you may do is to file a complaint against them to the corporation.
hi,you can file a writ in high court against the illegal construction making corporation a party to the suit
Any construction being erected by you has to be in strict adherence to the approved/sanctioned layout plan.
Like the chairman of the Society, you too may file a complaint against such other members in the Society who have constructed their house in derogation to their approved building layout plans. File this complaint with the corporation.
You can also make a complaint against such illegal structures with the competent authority.
However you cannot take shelter under their roof for not taking approval for your own constructions
