• Mixed land

I have a property in west delhi,its on commercial road (mixed land) property is built without senction plan of  mcd,Stilt on ground floor plus 4 floors.

My question is if property is built without senction plan from mcd then 3rd flloor is illegal is right?

Secondly if 3rd floor is illegal then ground floor which is stilt can we consider it as ground floor and can i run commerical activity on ground floor (stilt).

Please contact me through email.

Email id : raajasingh@gmail.com

Thnkz
Asked 4 years ago in Property Law
Religion: Sikh

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7 Answers

building plans need to be sanctioned for carrying out construction

2) if no such sanction obtained then entire construction is illegal

3) it can be demolished by MCD

4) apply for regularisation of construction carried on the plot to MCD

5)you can carry on commercial activity with permission of MCD

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

It is not clear upto which floor the construction was built as per sanctioned plan.

If the whole constructions is made without sanctioned plan then whole of it is illegal.

if not then the floors made as per sanctioned plan is legal and rests are illegal.

In mspot cases the illegal structures on payment of penalty is made regularised by the Municipality.

if it is not made the order of demolition will eventually follow.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

It is necessary to take sanction plan from MCD. Better to apply for regularisation of construction done by you. If not MCD has right to demolish the structure that has been built without sanction. Those floors which you have taken sanction are legal. Some corporation will regularise unauthorized structures on payment of heavy penalty.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Pay fine to municipal corporation and make it legal & run ur business

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Hello sir , the question whether you can use the ground floor for commercial purpose depends upon the norms and regulations of MCD in that perticular area.. If other residents are conducting commercial activity on the ground floor then you can too..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

My question is if property is built without senction plan from mcd then 3rd flloor is illegal is right?

You are right, it is 100% deviation, hence the building may be demolished or it may ask you to pay the revised charges for the revision of orders passed in that I.A.

Secondly if 3rd floor is illegal then ground floor which is stilt can we consider it as ground floor and can i run commercial activity on ground floor (stilt).

There is no problem in that provided you obtain permission on this from the association.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

You can certainly run commercial business in the ground floor. Even regarding illegal portions of building there is no danger demolition except claiming penalty and on such payment illegal constructions will be regularized, till such decision is taken by the Government you have to wait. No issue in bothering a lot.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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