• Haryana property

Suppose if someone build a house on his residential land for 15-20 years back without permission from municipalities and without building layout passed by corporation ...would it like to be demolished by municipal corporation if someone complains about it now? As it is too old now and also is there any time frame that this much old house would not be get demolished by municipal corporation? And also if municipalities taking house tax on it every year and the house was built without permission and layout charges being paid, itself become legal just by paying property tax if no then why they r leving tax if house is still illegal?
Asked 6 years ago in Property Law
Religion: Hindu

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22 Answers

if the area falls within the limits of corporation, and MAP is not approved and construction is 15-20 years old and now corporation send you a notice for demolition,

First of all, Yes, Corporation can send you a notice for demolition, 

and you are advised to make a reply of the notice at earliest,

and, in the meantime, get a stay from the Court disclosing facts, 

you still can get the layout passed after depositing the required fee.

 

  

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1) unauthorised construction can be demolished at any time by muncipal corporation 

 

2) mere payment of property tax does not legalise unauthorised construction 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Yes it can be demilushe


Yes it can be demolished, or a regularisation order may be passed

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1. payment of house tax does not legalise construction of the concerned house without sanction of the Municipal Corp[oration.

 

2. Ordinarily such old houses constructed without sanction are not demolished by the Municipality.

 

3. However, you can file a court cases against such demolition order and will be able to drag the matter for years availing injunction against the said order. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

I already told you it can be regularised. However, the municipality has every right to demolish it. 

Have you received any notice from the municipal corporation? 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Bye laws are changed now, such old construction cannot be demolish. And no permission require but only to inform municipality if area of land is more than 300sq mtr.

This is present area so at that time it will be different, No issues.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You can apply for regularisation of unauthorised construction done by you 

 

pay the regularisation charges 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

1. Property constructed without necessary civic approval cam be demolished unless it is regualrised on payment of penalty.

2. If house tax is being paid regularly then it is most unlikely that it will be demolished. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

your construction is unauthorised 

 

2) there would be alway Damocles  sword hanging over your head 

 

3) better pay regularisation charges and regularise the construction 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Dear Sir,

 

- In Haryana all the colonies are built up like this. No need to worry as it is old property. 

- Besides if any serious issue arises, do file the petition U/s 39 Ss 1&2 for a permanant and temporary injunction to stop the MCR for any demolition. 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

File an RTI application seeking status of all houses built in the area like layout plan, issuance of notice, action taken etc.

You can also lodge a complaint on CM window for a quick action

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

  1. There has been a law which says that if the government has not acted in time then they can’t take the befor of their own fault.
  2. There is a limitation period to take action against every illegal act done by anyone.
  3. If at the time permission was necessary and you had not taken then also authority can’t demolish the same as the limitation period of 12 years has elapsed.
  4. In fact, if you check your Municipal laws then there itself, must be an exemption for buildings built prior to some specific time period. 

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. Municipalities keep on sleeping on complaints of illegal constructions, hence they are not demolished.

2. Unless there is a scheme for regularisation formulated by the govt you cannot regularise it. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

In some states there is scheme called Builder regularisatiion scheme BRS. You can obtain permission from Local authority through this scheme kindly contact your local property lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

owners of irregular land and buildings can pay a penalty to the govt to regularise the status of their assets. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Municipal Corporation can demolish it but in majority cases the govt passes law to regularize such illegal houses

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Since the approval of housing plan and lay out plan have not been obtained from the concerned authorities at that time , however the taxes are being paid properly, you may apply for regularization of the same by paying the necessary penalty or fines accordingly.

There was a regularisation scheme going on in Haryana recently, you may confirm the same and rush to get it approved or regularised.\

 

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

The demolition rule will be applicable for all in common and they will not select any particular house for any action on this.

The government will come out with the schemes  for regularizing the illegal structures or buildings, you may avail that opportunity.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Demolishing the building at this stage will create huge uproar in the society and that will being lot of law and order problems in the atmosphere hence the government will introduce schemes to regularise the unapproved structures.

Think and act wisely when you get an opportunity.

 

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Nothing like auto regularized, but such single small old constructions are not taken seriously by authorities.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. Your house built with out taking sanction from the Municipality  does not become legal since the Municipalily has not demolished it for such a long period.

 

2. However, you can file the WQ.P before the High Court for staying such demolition order on the ground that such construction was the order of old days in yiour area since there are several such buildings which were built in your area without any municipal sanction.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Municipalitry will not approach you to regularise your house which was constructed illegally.

 

2. Siunce they had not demolished itv earlier, you canb not demand that it can not be demolished now.

 

3. If you get any chance to regularise the illegal construction of your said house, you should grab then opportunity to get rid of the problem once for all.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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