• Construction on collector na property without permission

Hi, I have 10000 sqft collector na plot in grampanchayat. I have constructed 3500 sqft tin shade and two floors rcc construction of 2200 sqft without any permission. 
Now gramsewak has given three notice that complete construction is is without permission and grampanchayat will take demolition action. Property is in dist. Akola in Maharashtra. 

Also initially I had taken permission to construct house and garden on the same property. Which is available with me.

Kindly suggest me the solution and action.
Asked 8 years ago in Property Law
Religion: Hindu

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13 Answers

Well,no constructions in permissible without the sanction of local authority. So beoffe making the present constructions you should have taken the permission of the local panchayat.

Though you has permission for house and garden that is not enough for the present construction for commercial purpose.

However there is not much of much worry if you reply the demolish carefully.

Most of the times the constructions if irregular can be held legal once it is regularised on payment of penalty.

So apply for payment of penalty to regularise the constructions.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) apply for regularisation of unauthorised construction dine by you

2) if construction is not regularised unauthorised construction is liable to be demolished

3) file suit and seek stay of demolition

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

Any unauthorized construction is liable to be demolished.

Approach the competent authority and apply for regularization and after applying for the same approach the civil court to take an injunction on the demolition.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No demolition is permissible without giving you a show cause.

An order having civil consequences cannot be passed and given effect without giving an opportunity of hearing to you.

Approach the High Court and file writ of certiorari and seek a stay on the demolition notices issues to you, the same having been filed in violation principles of natural justice.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hi, it is advisable to file a civil suit for permanent injuction against the gram panchayat order and obtain a stay order for demolition letter ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1) Tell gramsevak to make it legal construction and do not demolish it and say that you are ready to pay fine what ever it comes and continue the construction as regular and note in mutation book. Try to call any one of gram Panchayat member or Sirpanch of the village.

Your deal will get managed by Sarpanch of the village, contact him or her , its final authority.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

Immediately approach Civil Court and get stay of the matter or injunction against the Gram Panchayath. Express your intention to pay the penalty if any. In the meanwhile file application for conversion of land into non-agricultural land for the purpose of construction of residential house.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You should apply to the authorities fir regularisation of unauthorised construction carried out by you

2) agree to pay penalty imposed

3) contact a local architect

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) If your property comes under nagar palika ?

2) Gramsevak is not listening than go to higher authority tahsildar or deputy collector.

Please provide your village name, taluka, district, and plot survey number etc

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Does the land fall under some authority?

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Even now you may submit your plan for approval and get the completed construction regularised by expressing your willingness to pay the penalty, if any imposed.

The building constructed without proper permission is liable to be demolished by the local civic authority who are empowered for such actions.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If the gram sewak is demanding money, you can trap him with the help of anti corruption police planing the event properly.

If the gram panchayat is not empowered for granting approvals, then you may approach any other competent authority for getting the construction regularised, by complying the necessary formalities.

.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hi,

With your documents related to permission granted, apply for property tax payments and other connections etc.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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