Road widening by municipality - building regularisation scheme

N SURYANARAYANA (Querist) 06 July 2015 This query is : Resolved
Facts of the case
We are having 325 Sq.Yds( 37 ft X 79 ft) of site in prime area of Kakinada Town. The said site was purchased in the year 1978 and subsequently a house thereon was constructed in the year 1985. We are paying all the municipal taxes including water tax and electricity bills. Since then, we are peacefully enjoying the possession of the property. The said house is now in a dilapilated condition. Therefore, we intend to demolish the existing structure and construct a new house on the said site.
When these facts were briefed to the Kakinada Municipal Authorities, it was stated that around 175 Sq.Yds of site has to be given a gift to the Municipality in order to regularize rest of the building construction (under BRS scheme) and when questioned about the facts behind such a proposal, it was stated that the site on which the old house was constructed in the year 1985 was a non-layout plan and a provision has to be made for proposed 50 ft road. Actually as on date there is an existing 30 feet road. Thus, the municipality desires that we have to gift around 175 Sq.ft of our house towards road which would intrude directly facing our house and thereby we will be left with only 17 ft X 79 ft(150 Sq.Yds) of land for construction.
My querries are:-
(1) How come the proposed future plan of the municipality of laying 50ft road be enforced on us since the land and house was constructed by our forefathers 3 decades ago ?
(2) It was stated that the house which was constructed in the year 1985 was on a non-layout plot. How can this be questioned now by the municipality ?
(3) Whether any legal remedies are available to us to ensure that the municipal laws would not come in the way of our peaceful enjoying of the existing property and also to construct thereupon a new house as per our requirement ?
(4) If the Municipal authorities question the very proposal of our construction what are the legal remedies available to us to ensure that our plan of construction goes smooth without any hurdles ?
(5) Is the Municipality empowered to enforce such a law at this point of time and deprive us of the legitimate right to live in the property devolved on us from our predecessors?
(6) What is the correct position of law and what shall be our legal recourse if the Municipality deprives us of giving any permission for construction on the proposed structure.

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