NA permission
Kuldeep Walujkar
(Querist) 29 March 2017
This query is : Resolved
I had purchased a land in industrial zone in pune district in mar 2007 and under section 44A of MLRC intimated Collector ffor change of use of land and completed industrial building after permission from Grampqnchayat. Now i wish to expand but grampanchayat has no authority but PMRDA. However PMRDA asking for penalty to the tune of 30% of construction ready reckoner rate. Is that a legal demand, should I pay or file a writ petition.
Dr J C Vashista
(Expert) 30 March 2017
Consult a local lawyer for proper analyses of documents, guidance and proceeding.
Rajendra K Goyal
(Expert) 30 March 2017
Local law / rules applicable, discuss with local lawyer.
Guest
(Expert) 31 March 2017
This matter involves two law minimum 1) Maharashtra Regional Town Planing Act 2) Maharashtra Land Revenue Code
Intimation and getting permission under MLRC are two different things, see intimation has no value in my opinion , you need to get proper written permission . Officer granting this permission depends upon area of land and some time where the land is situated. So I feel you lack official written permission for conversion of land .
Doing Construction in Maharashtra is governed by main act that is MRTP . I don't know 100% but whether Gram panchyat that time whether had powers as planing authority under MRTP or not this required to be checked. Second thing you say Industrial Zone, In my opinion such zones are marked in regional development plan under MRTP Act and not under Land revenue code.
So you may have done violation of Land Revenue Code by mixing of two law in mind that MLRC and MRTP.
If things are mentioned in MLRC then you have to follow all procedure under MLRC , and if things are mentioned in MRTP then you have to follow procedure under MRTP . You can not mix two similar provision even if you feel it is logic .
Additional problem is penalty , again here two things take place. Some time Dist. Collector gives order or request other authority to check if there is violation of laws govern by collector while sanctioning plan. Now when such order or direction is received by planing authority they show that letter or order and tell you to fulfill state govt. formalities under collector and then only as planing authority they will further give clearance after clearance from revenue dept . of collector.
Now penalty are for different reason and it required to be checked properly for what they are asking you to pay penalty and complete formality.
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If you are irritated on my statement I will tell you sorry , we are standing on bottom of Ease of doing business for getting construction permit. Our rank is 167 out of 180.
So World bank has also criticized India about this nonsense procedure being done in India.
Acche Din anne wale hee. (More than you I am eager to see acchee din , in this matter)
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Solution will be
1) first get all land records checked and documents checked
2) All provision under MLRC are fulfilled if there is some incomplete thing better pay fine and finish topic.
3) Then check all provision of MRTP whether followed and if any incomplete thing better pay fine and finish topic.
4) Matter should be contested if there is indeed valid legal point this is my personal opinion , Generally in this case irregularities are so high at mass level finally Legislative Assembly has made provision in Acts that you can solve the problem by paying penalty fines etc . While calculating fines or penalty if you have objection you can approach specific forum which is mentioned in act . Land Revenue Code have their own hierarchy of appeals. Town Planing law too have their own hierarchy of appeals .
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Guest
(Expert) 31 March 2017
Matters of Maharashtra Land Revenue Code can be handled by Advocate dealing in Land Revenue matters because it is only law of Maharashtra which is covered in LLB
MRTP and development control rules it is not covered properly anywhere in any course any where it is self study for even engineers /architect and separate lobby is generated which is called Liaison Architect /Engineer who deals in this matter , you need their help to solve the problem
Adv. Yogen Kakade
(Expert) 31 March 2017
Sir, the letter issued by PMRDA need to be seen especially the clause and grounds for the penalty.
The department of PMRDA certainly has an authority to impose penalty, but as I said, the letter issued by the PMRDA authority has to be seen to challenge it.
Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in
Phone: 020-65248888 / 09225510883
