• Legal Issue with local authority

Respected sir, Iam construction a building in 30/40 site in bangalore. First Bruhath bangalore maha nagara palike Engineers approached me and gave me a notice. stating that they will demolish my building because i didn't obtain Plan from BBMP. after this i stopped construction and applied for plan. Now i got the plan orally i replayed them that i got approved plan and i will re start construction. but now that BBMP AEE telling that they will one more notice stating that deviations in construction. when i asked them what should i do next. he suggesting that i should go to court and get stay order against there notice.. Is this right way sir. and If i get status-co order I cannot construct,So kindly suggest me what should i do now... If i Get status -Co order what should i do?, If i get stay order shall i continue construction... Kindly Suggest me true legal proceedings...
Asked 6 years ago in Property Law
Religion: Hindu

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9 Answers

See in case the subsequent notice is issued you have to reply that first or challange that even if you go high court for first notice now they will in meantime give you other notice relating to deviations so it is better to get approval of deviations then get both notices quashed.

If there is no deviation from.existing plans the file in high court to set aside first notice and for directions to the authorities to allow you start constructions since plans are approved.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) stay order would be against demolition only

2) court would direct maintenance of status quo

3) you cannot carry on construction if staid quo order is passed

4) even if court permits you carry on construction it would be subject to final court orders

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Having got the layout plan sanctioned, you are free to raise constructions at your site.

You can approach the High Court only in case you receive a notice saying that you deviated from the building plan and erected constructions opposed to the same. In such an eventuality, approach the High Court and seek a stay on any such notice for deviation. You have to only press for stay on the notice and not for an order of status quo.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Firstly, yes there is a way, Writ of Mandamus by which you can challenge the notice.

Secondly, I advice you to first give them a representation stating all the above mention details about prior notice then approval plan.

Thirdly, wait for 2 or 3 days then go to High Court.

Fourthly, put in your prayer that if they are saying deviation in plan then please show.

Fifthly, yes you would get status qua but that would be for them to not to demolish not for you to stop construction meaning here by is that they would ask to status qua.

I have been practising in constitutional law specifically, so just try above mentioned procedure.

If in hurry then no need to give representation also.

Rest can consult me through Kanoon to have more detail put some plus procedure for that.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Hi, The BBMP will issue a notice as and when you received the notice you have to approach to the KAT for stay of the Execution of the order.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Show noitce.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Status quo order means, the status of the property will continue to remain i.e., since you have begun the constructions, you may proceed with the construction.

However you may not gt status quo order for the construction since this will defeat the purpose of the notice of the authorities as they have given notice for deviation.

ven the stay may not be granted becasue if it is granted then you may proceed with the construction.

However you may better comply with the rules in this regard by removing the deviations to some extent to the satisfaction of the AEE of BBMP.

Try to solve the issues amicably so that your construction do not face obstruction.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Dear Sir

Deviations are common objection. Court will say continue construction by modifying. You just undertake before court that you will not deviate from plan. It will end matter. You must know to manage AEE of BBMP.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

You can do the following:

1. Get a stay order from court sating that you have complied with all the formalities required for construction work etc.;

2. Attach all the permissions you have obtained in your petition before the court;

3. There is less chances of status-quo order going against you;

4. If you have all the requisite permissions and the paperwork of the same then you are free to go ahead;

5. It is better you sit with the authorities and sort the matter out personally before you go to Court.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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