Property
Datta
(Querist) 15 April 2018
This query is : Resolved
I am fighting alone (out of 18 people where land is jointly purchased ) against a illegal construction in NA land in a village of pune district. In this i complained to district collector to take the action against the same. After that he transfered the matter to Sub Divisional Ofiicer of our area. Then SDO has asked the opinion in written from Town planning authority to check the construction which is constructed at site.
Then the Town Planning authority submitted its report to SDO. In that report they said that in Non agricultural land town planning authority gives permission for construction of a building of 26 flats in 1800 sq.mtr total area With 0. 99 FSI.
After a panchnama it has found that building has not constructed as per sanction layout plan.
Building contain 68 flats. Where the permission was given only for 26 flats. Whole construction is totally diffrent from sanction plan.
So there is illegal construction is made by the builder. Hence take the action in this construction on MRTP ACT 1966 on your level.
After that SDO sent a show cause notice to builder to get his explanation. In that hearing in front of SDO dated 25 sep 2017 builder claimed that he has constructed the building as per Grampanchayat permission but SDO has denied all his irrational claims. Because land is converted to non agricultural land for construction of residential building hence the Grampanchayat has not appropriate authority to give permission for construction. District collector and assistant director of town planning is a competent authority is having power in NA land. Hence it has proved that illegal construction is taken place in the said NA land. So i will demolish that building.
But till today no action has been taken on this construction.
So i want to sue this matter in bombay high court through writ petition
In writ we can pray in court to direct the concern authority to take action against the illegal construction for demolition under MRTP ACT 1966.
File the case against builder u/s 53/7 of MRTP ACT 1966.
Our interest in this...
we are the land owner where this illegal construction is taken place. Land is jointly purchased by 18 people and given to builder with registered development agreement. As per the agreement builder has to give a flat on first floor. But builder has not constructed the building as per sanction plan as i mentioned in the above paragraph.
Till today he has not executed development agreement terms. Not giving any cc oc sale deed etc. i. e. Legal documents of the property.
Hence now we are not interested in flats which is in our possesion because of illegal property. I tried to solve this matter amicably but due to arrogant nature of builder dispute remains unsolved.
Builder is feeling that nobody will take the action against his illegal construction because of money power. He also thinks that he will manage everybody in the chain. (builder has sold 66 flats out of 68)
But i believe in law and its power.
So i seek your opinion in this matter.
Also give your charges for the case
How much time court will take to give final orders.
Datta
(Querist) 15 April 2018
Need expert opinion
Dr J C Vashista
(Expert) 16 April 2018
Too long a story, no time.
Consult a local lawyer for better appreciation of facts, analyse, guide and proceed professionally.
Ms.Usha Kapoor
(Expert) 16 April 2018
You can file a case in consumer forum alleging against the builder that he has not constructed the flats in accordance with sanctioned plan and deviated. Or file a Writ of Mandamus in Highcourt seeking directions from the above mentioned concerned authorities that builder has not constructed the flats in acc0rdance with sanctioned plain on NA land. Pray for demolition of illegally constructed buildings or refund of entire cost+ interest_+ Damages from the builder under supervision of the above Authorities or let him deposit cost of the building + interest+ damages etc from builder and let him deposit in court.
Co0ntact a local good -property lawyer.
R.Ramachandran
(Expert) 16 April 2018
First question that you have to answer is whether the remaining 17 persons have authorised you to fight?
P. Venu
(Expert) 16 April 2018
Please post simple facts devoid of adjectives and subjective opinions.
Datta
(Querist) 16 April 2018
other 17 peoples are not with me .
R.Ramachandran
(Expert) 18 April 2018
If the remaining 17 are not with you, then at best you can fight only for yourself and your rights and not for others or on behalf of others.
You say that you wanted to solve the problem amicably. If that be so, what is your suggestion to overcome the problem? May we know?
Datta
(Querist) 18 April 2018
Thaks to experts. I told to builder that either he regularise the illegal construction or pay the cost of flat.
Datta
(Querist) 18 April 2018
Thaks to experts. I told to builder that either he regularise the illegal construction or pay the cost of flat.
Ms.Usha Kapoor
(Expert) 19 April 2018
Assistant Director of town -Planning has powers to demolish the illegal construction. So file a writ petition before highcourt seeking directions to him demolish the illegal construction and in your writ and also pray the writ court to direct the builder to immediately issue CC and OC or cost of the flat+interest+damages.
