If BBMP issued notice, the same may be replied strongly denying all the accusations and putting blame on its officials. The BBMP is to be made aware of all the things and if they are not ready to accept the right things, approach high court in writ jurisdiction.

1) if there is unauthorised construction notice can be issued by BBMP after many years

2) file detailed reply denying allegations

3) mention that as per sale deed your plot measurements were 47 by 45 and not as mentioned in sanctioned plans

1. They can issue the notice, there is no limitation.

2. Yes it can be done

3. Challenge the same in the HC and ask the HC for appointment of a surveyor.

4. Reply to them to appoint a surveyor who may do the actual measurement of the place.

5. You may take this defense also, but this is not a very strong defense. Legal principal says that you can not take benefit of some one's mistake.

Regards

You need to check with completion certificate of municipal authority.

Occupancy/Completion Certificate

Certificate of Occupancy or completion certificate is a document which is issued at the end of the construction by a local government agency or planning authority. The document is a proof of the building's compliance with applicable building codes and other laws. It indicates that the property is in a suitable condition for occupancy. The developer is responsible for obtaining occupancy certificate and is issued only once the building has been completed in all respects and is ready to be occupied. A completion certificate is received by the builder from the metropolitan authorities upon completion of construction.

To make any issue regarding this there is time frame or limitations as per the limitations act.

You can revise your sanctioned layout plan by paying extra deficiency amount or fees fixed by BBMP.

You can reply to them that OC is issued by their authority after checking the building and you have constructed building as per new rules and regulations than you can fix meeting to take updated sanction plan as per current procedure on constructed ground.

1. Such notice is based on information given to the local body. If it has information that there is deviation from approved plans, it can issue show cause notice

2. You will have to apply for regularisation by paying penalty

3. You first need to reply. Give your explanation alongwith architect report. If an adverse order is passed then you can approach High Court by filing a writ petition

4. It depends on your reply so that further proceedings under main notice are not proceeded with

5. Same as 1

Local body will follow sanctioned plans and not sale deed for area measurement. If there was an error in submission of plans then it ought to have been corrected before construction was made. Although it is surprising how the local body issued completion certificate for the building when the construction deviated from the approved plans.

Dear Client,

Such derivation may be regularize by commissioner u/s 321 - A as constructed before the date of commencement of the Karnataka Town and Country Planning and certain other Laws (Amendment) Act, 2013 subject to the following restrictions and such rules as may be prescribed and on payment of the amount.

Submit your reply that, actual area is 47 1/2 by 45 as per sale deed and on that only stamp duty paid. Architect made the mistake in mentioning detail.

If not agreed than approach court for stay on commissioner order and later quashed or regularize u/s 312 A.

Dear Sir,

My answers are as follows:

1) How can BBMP issue deviation notice now after so long years?

Ans: In N number of cases the Hon’ble Supreme Court and High Courts held that such notices are liable to set aside on the ground of delay and latches.

2) Is there a provision in BBMP to amend or rectify sanction plan according to sale deed measurements?

Ans: The BBMP Authorities have every power to rectify the sanction plan since there is no encroachment over and above your purchased area as described in your sale deed.

3) What procedures to be followed for squashing this notice from BBMP?

Ans: You must get file a writ petition to quash to said notice before Hon’ble High Court.

4) What can be replied to BBMP so that they will not issue further notice of 321(3)?

Ans: You just reply saying that you will submit the reply in detail and seek 30 days time and in the meanwhile get a stay order on such notice from HC.

5) Why didn't the BBMP official check the measurement mismatch while sanctioning the plan itself? It is mistake by their side also right bcas when sanctioning the plan all docs were attached. Moreover it was sanction in the year 2004, 14 years before.

Ans: The mistake is committed by not only by you but also by the officials of BBMP and they cannot take action against you to cover up their mistake.

1. The BBMP can issue notice at this stag too if they have come to the knowledge of the same at this stage. You may pay the penalty and get it regularised by the schemes that are available for this. You cannot escape the liability by putting blame on the architect.

2 You can seek for regularisation.

3. If there is a mistake on your part, then the notice cannot be quashed, you have to give a reply submitting to the allegations leveled in the notice and seek for regularisation by paying the penalty.

4. You can engage the services of an advocate and give a reply notice.

5. You cannot question the authority because who knows that how this approval was sanctioned?

1. BBMP can issue notice for the deviation after late detecting the same.

2. In your case the actual land area is more than the area specified in your building plan. So, though there is a deviation in constructing your building, it does not violate the basic rule for construction. So, you can submit a construction plan accommodating your said deviation which might be granted by BBMP with penalty.

3. You can seek sanction for the deviation first. In case refused you can approach the High Court.

4. Deviating for the plan is illegal. You shall have to submit another plan accommodating the said deviation.

5. The onus lies with you to submit the correct plan for obtaining its sanction from BBMP.