1. Offences under Section 228 of fabricating false evidence, offence under 340 of using a forged document as genuine on BNS is committed. These are offences against public justice.
2. You need to make a complaint under Section 215 of B.N.S.S. 2023 to the  authority where the  forged document are submitted. Said authority will initiate criminal proceedings against the  
3. If the said authority failed to do so, you can directly approach High Court through a writ petition.

File appeal against dismissal of your petition by the High Court

2) File RTI application as to what action has been taken on your complaint regarding illegal and fraudulent sketch plan

3) you are at liberty to file an FIR

File writ petition in HC to direct police to investigate your complaint and submit report 

also to direct miuncipal corporation to to demolish illegal construction done on basis of fake site plan 

T thanks for your appreciation,

file with petition in the High Court to direct municipal Corporation to demolish illegal construction

If you have not raised any such ground  in your appeal filed in HC you cannot make out a new case in your written submission 

act as per your lawyers advice 

Given the complexities of your case involving illegal construction, misrepresentation in sale deeds, and the potentially fraudulent actions of influential parties, deciding the best legal approach involves strategic considerations about timing, jurisdiction, and specific legal remedies. Here’s an approach based on the latest updates from your situation:

Strategic Approach for Filing in Appeal Bench vs. New Writ Petition

1. Appeal Bench Submission:

   • 
     Timing and Relevance: If your appeal is already scheduled and the issues concerning misrepresentations and fake plans are central to the arguments in the appeal, it may be effective to include this evidence and argumentation in your current appeal submission. This allows you to address all related issues in a consolidated manner.
   • 
     Efficiency: Adding to the existing appeal can be more efficient, assuming that the appellate court is willing to consider these new submissions as relevant to the grounds of the appeal.

2. Filing a Fresh Writ:

   • 
     Separate Legal Issues: If the appellate court deems the new submissions about the fake plans and safety violations as outside the scope of the current appeal, or if these issues require detailed examination or a different legal remedy, filing a separate writ might be necessary.
   • 
     Specific Relief: A new writ in the High Court, specifically targeting the fraudulent actions and safety violations, might allow for a more focused legal approach to obtain a directive for immediate action or investigation by authorities.

Legal Steps and Considerations

• 
  Consultation with Legal Expert: Given the mixed advice from your advocate and your relative practicing in Gurgaon and NCR, a detailed consultation with a legal expert who specializes in property law and urban regulations is critical. This expert can provide clarity on whether these new issues should be incorporated into your existing appeal or handled through a separate legal filing.
• 
  Document Preparation: Prepare comprehensive documentation that includes all evidence of the misrepresentations, the lack of safety measures, and any correspondence with authorities. This documentation will support either your amended appeal or a new writ, depending on the strategy you choose.

Additional Legal Actions

• 
  Public Interest Litigation (PIL): Given the potential risk to public safety due to the unauthorized construction and lack of safety measures, consider filing a PIL. This could address the broader implications for community safety and ensure that public bodies are held accountable.
• 
  Engagement with Civic Bodies: Continue to engage with local civic bodies like the KMC, fire department, and building regulators. Your ongoing communication and the legal pressure from court cases might encourage more decisive action.

Media and Public Advocacy

• 
  Media Involvement: Given the public interest and safety risk involved, consider involving the media. Public exposure can often accelerate responses from hesitant or slow-moving authorities and can help rally public support for your cause.

Finalizing Your Approach

• 
  Legal Representation: Ensure that your legal representation is well-versed in both appellate and writ procedures. The complexity of property law and regulatory compliance in cases involving old buildings requires specialized knowledge.
• 
  Financial and Emotional Preparedness: Prepare for a potentially prolonged legal battle, both financially and emotionally. Support from family, friends, and community can be invaluable in such cases.

The decision to include new issues in your upcoming appellate submission or to file a separate writ should be made based on legal advice tailored to the specificities of your case and the procedural rules of the courts involved. The goal is to address all facets of the issue comprehensively, ensuring both a resolution to your legal challenges and the safety of the building's occupants and the public.

Dear Client,

Given the gravity of the case involving submitting a fake plan and misrepresentation in the sale deed for registration and mutation of an illegally constructed floor, you can take some legal steps to ensure accountability and action. First, formally lodge a complaint under Sections 318(4) (Cheating), 336 (Forgery), 338 (Forgery of valuable security), 336 (Forgery for purpose of cheating), and 340(Using forged documents as genuine) of the Bharatiya Nyaya Sanhita (BNS) with the local police or Anti-Cheating Department, providing all supporting evidence, including certified copies of demolition proceedings, unauthorized construction reports, and misrepresentation in the sale deed. Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) empowers you to petition the Magistrate for registration of FIR and directing investigation by the police in case police turn obstinate and refuse to take action.

You can file a writ petition or PIL in the High Court seeking court intervention to order a proper investigation, enforcement of demolition of the illegal structure, and penalize those involved in submitting fraudulent documents. Since the appeal bench submission is due, you can bring these new facts into the present case or file a fresh writ, your advocate has advised, to question the systemic failure and claim accountability. The punishment under Section 338 of the Bharatiya Nyaya Sanhita (BNS) for forgery can go up to life imprisonment, depending on the seriousness of the offence. Simultaneously, engaging the Municipal Magistrate for enforcing compliance with KMC regulations and RTI responses will strengthen your case. Ensure all submissions are backed by concrete evidence to counter political or external influence effectively.

Hope you find this answer beneficial for resolving the dispute. 

In the given situation you can prefer an appeal against single bench judgement.

You may have to first of all ascertain the case before you, the relief sought by you, the pleadings made by you to support your relief sought and if you have complied with all legal formalities.

After that you may find out that what was the reason that the high court dismissed your writ petition after which you can vent out your grievances in the form of memorandum of grounds of appeal before filling the writ appeal.

If in the writ petition you have not added the documents describing the irregularities you observed you may obtain substantial documentary evidence to prove your allegations against the builder or seller along with the structural audit about the status of 70 years old building, illegal construction of additional floor, submission of fraud and fabricated document to falsely assert the approval for extension and other irregularities done by them which endanger the inhabitants, draft a proper and perfect complaint, send them by registered post to all authorities concerned,, wait for a reasonable period of at least 10 days for a reply, if you don't get a reply or if the response is not proper or not solving the present problem then you can take legal action either by making a criminal complaint with police or file a writ petition before high court separately if you are personally affected or a PIL if it is a public concern issue.

You may have to discuss with your advocate in detail and proceed further.

Submissions in appeal can be filed but same should be part of your pleadings. If your writ petition is specifically filed for the same then it will be more effective remedy 

Since the system is corrupt from top to bottom you may not get justice by approaching them again and again.

It will be a futile exercise.

Instead you may first of all create documentary evidences for the steps taken by you in this regard and then once you feel you are fully equipped with the material information for fighting the case through high court, you may institute a proper litigation against not only the fraudsters but also by implicating the authorities who were non cooperative or remained silent to your complaints seeking direction by court against them for necessary relief.

As far as writ appeal is concerned you may have to express your grievances against the judgement and cannot be allowed to include any new topic or subject not even any new document would be entertained.

As advised by an advocate you may proceed with a new writ petition containing all those grievances you have expressed here in all your posts including the copies of the complaints made with many authorities in this regard.

You may have to file a writ petition with proper and substantial pleadings by complying with the procedures of law fully and properly.

Advice for Next Steps

Based on the details shared, here’s a concise guide to proceed effectively:

1. Address the Complaint About the Fake Plan and Misrepresentations

• File a Criminal Complaint:

  • Approach the local police station with a detailed written complaint regarding the use of a fake plan and misrepresentations in the sale deed.
  • Request the registration of an FIR under the following applicable sections of the IPC:

    • 
      Section 420: Cheating and dishonestly inducing delivery of property.
    • 
      Section 465: Forgery.
    • 
      Section 468: Forgery for the purpose of cheating.
    • 
      Section 471: Using a forged document as genuine.

• Escalate to Senior Police Authorities:

  • If the local PS refuses to register the FIR, escalate the matter to the DCP or Commissioner of Police with a copy of your complaint and evidence.

• File a Complaint in Court:

  • Under Section 156(3) of the CrPC, approach the Magistrate to direct the police to register an FIR and investigate.

2. Pursue Civil Remedies

• File a Writ Petition in the High Court:

  • If municipal authorities fail to act on your complaints, file a writ petition under Article 226 of the Constitution of India against:

    • The Kolkata Municipal Corporation (KMC) for dereliction of duty.
    • The parties involved in the fraudulent transaction.

  • Seek directions for:

    • Immediate demolition of the illegal structure.
    • Punitive action against those responsible for submitting fake plans.

• Appeal Submission:

  • Include the facts about the fake plan and misrepresentations as part of your submissions in the appeal. Ensure the information is framed clearly as new evidence supporting your case.
  • If your advocate suggests filing a fresh writ petition instead, consider doing so for a focused argument on the fraudulent acts.

3. Strengthen Evidence Collection

• RTI Applications:

  • Continue pursuing RTI responses from the KMC, Fire Department, and DG Buildings to gather official documents that confirm violations and procedural lapses.
  • Request copies of building plans, sanctions, demolition orders, and any related correspondence.

• Obtain Certified Copies:

  • From the Sub-Registrar’s office for sale deed documents.
  • From the Municipal Magistrate Court for any pending cases on unauthorized construction.

4. Highlight Public Safety Concerns

• In all communications (with authorities and in court submissions), emphasize:

  • The potential threat to public safety due to the lack of structural stability, fire safety measures, and water provisions.
  • The increased load and risk of collapse in case of any failure.

5. Additional Tips for Execution

• Consult Experts:

  • Engage a structural engineer to provide an independent report on the building’s condition, which can support your claims in court.

• Public Interest Litigation (PIL):

  • If this case has broader public implications, consider filing a PIL in the High Court to address illegal constructions and KMC’s systemic lapses.

6. Potential Punishments for Offenders

• 
  Cheating and Forgery:

  • Sections 420, 465, 468, and 471 IPC carry imprisonment up to 7 years along with fines.

• 
  Action Against Municipal Officers:

  • If corruption or negligence is proven, disciplinary action and prosecution can be pursued.

By pursuing both criminal and civil actions while leveraging public safety concerns, you can pressurize the authorities and the involved parties to take corrective action.