• Construction without permission

Hello Sir,

I am a resident of saroornagar Mandal, Hyderabad. I already have an existing house with (G+1) Permission. Now i started construction of second floor and pent house. Slab work is done. 
My neighbour gave a complaint to GHMC saying illegal construction of second floor and penthouse with out setbacks. 
But i am looking forward to take the permission for the same from GHMC but here the problem is recently GHMC did a survey and told the colony association that the layout and colony comes under FTL(Full tank level) and hence the permissions are banned in our area. But lot of buildings nearly 400+ buildings with 1 to 2+ floors are 
already existing in our area some with permission and many with out permission from GHMC. 
So i kindly request you to give me a solution on how to proceed further as GHMC has given us a notice. 

Thank you in Advance!!
Asked 2 years ago in Civil Law from Hyderabad, Telangana
1) you cannot carry on construction on second floor without obtaining prior permission of muncipal authorities 

2)if building plans are not sanctioned illegal construction would be demolished 

3) if permissions are banned no construction would be allowed 
Ajay Sethi
Advocate, Mumbai
46766 Answers
2767 Consultations

5.0 on 5.0

You have stated that the neighbor has made a complaint against your unapproved construction and quoted it to be illegal since you have not obtained permission.
My question is that whether you have applied for permission form the authorities to raise the additional floor and the proposed penthouse?
If not, then apply for it and get your permission  or get it rejected after which you can move court or sail along with other owners who have constructed the so called illegal constructions. 
Did you receive any notice from the GHMC after the neighbor made the complaint against this?
If not wait until then and in the meantime since there is no restriction or stay, you may proceed with the constructions which is underway.
After following the legal steps, you may approach court with an injunction suit seeking to restrain GHMC from stopping the construction work in progress owing to its ineffectiveness towards other structures which have been illegally raised in the surroundings. Though this suit may not be maintainable but it may give a relief till such time while the local civic body decides to regularize such illegal structures by imposing penalties. 
Consult a local lawyer on further issues.
T Kalaiselvan
Advocate, Vellore
36925 Answers
403 Consultations

5.0 on 5.0

If the proposed construction is in violation of law or byelaws then the civic body can demolish it in accordance with the law. It is not clear what has GHMC demanded in the notice. All I can say is that you should consult a lawyer with a copy of the notice to get a comprehensive advice. 
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

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