Denial of revision of Sanctioned N.A. Layout (S/N 57 A)
Please find details below and advice me if I can fight for justice.
The following is to bring to your notice;
1. Town Planning/Collector Office Ahmednagar denying legal revision of the layout as per The Maharashtra Regional and Town Planning Act, 1966 (SANCTIONED VIDE GOVERNMENT NOTIFICATION NO-TPS-1812/157/CR 71/12/REC NO 34/12 /UD 13/DT. 21st November 2013)
2. False promises and fraud by Architect one Mr. Anil Bhabad (Chandraleela Associates, Kopargaon, Ahmednagar)
Following are the sequence of events that occurred:
1. In 2011, My father a farmer by profession and approached Mr. Anil Bhabad (hereafter referred as “the Architect”) to get 2 acre of land converted in N.A. (the reasons were lack of irrigation and water for cultivation)
2. Architect quoted Rs.200000/- as the fees to get the job done (he mentioned this included bribed to be paid at several levels of office). Due to lack of required finance at the time; he proposed we give him a plot instead. We agreed on giving him a plot at market rate; with surplus amount being paid back to us. With this intention, the Architect made several mistakes in layout to suite his personal profit. Following is the list of action taken by him that amounted to serious loss on our part:
a. Access road of 9 mts was marked (with a provision of 6 mts for future layout in neighboring land) making it a 15 mts wide road. With that logic, he could have marked 6 mts from our layout and 6 mts from neighboring layout. My father was illiterate about the regulations.
b. Placed a 9 mts wide horizontal access road (perpendicular to above) and situating open space of 782 Sq.mts. A per 12.3.A Table 4 of Town Planning Act (Annex A), this was completely unnecessary. There is no need of another intermediate road, if you access road is >= 15mts and the open space could be places at any location as far as it is directly accessible using main approach road (15 mts in this case)
c. There is an Electric line passing above plot #9. He gave a false statement saying the said layout is designed such as the electric lines run between the border of plot # 8 and plot #9. On the ground, he never made those measure and went ahead with blind design.
3. After several months of follow-up he got a layout sanctioned from Assistant Director (Town Planning, Ahmednagar) dated 17-Aug-2011 and thereafter from Collector’s Office dated 30-Dec-2011.
4. On the day of approval he demanded another Rs.40000/- on top of agreed Rs.200000/-. We agreed to pay another Rs.40000/- as he left us no choice at the moment.
5. In the year of 2013, we approached him for construction approval papers. He promised to get it done in Rs.25000/-.
6. When we realized there have been several mistakes made on his part in the sanctioned layout; we asked him to file for revision in the layout in Oct 2015. He asked for Rs.45000/- as a bribe for Town planning and promised the job will be done in a week. We agreed to pay him advance keeping in the mind the time limit of 4 years for any revision the sanctioned layout as per 13.3.3 of the Town Planning Act (Annex A). Following were the requested changes:
a. Remove the horizontal 9 mts access road
b. Shift Open space close to Amenities space.
c. If possible, equally divide the approach road of 15 mts among neighboring layouts (presently, 9 mts is from our layout whereas 6 mts from neighbor despite the fact that neighbor has the layout that is greater than 400 mts compared to 80 mts of ours)
7. From Nov 2015 till March 2016, he repeatedly missed on his date and promised the job will be done. However, on 11-Mar-2016, after several follow-up he informed my Father that the Town Planning has rejected the revision proposal. Apparently, there is no document from the Town planning stating the reasons for denial of revision.