How to legalize the building comes under gram panchayat

This query is : Resolved 

24 August 2019

Our Building constructed in 1995 G+ 3 comes under Gram Panchayat in Bhiwandi Maharashtra. When the Agreements of Flat owners registered in Sub- Registrars office in Bhiwandi Maharashtra, Builder attached the documents approved for some other Survey Nos. in the same complex. No Flat buyers made out the fraud. Later we found out that the Survey Nos where our building stands are different. Also we found out that there is no NA done or there is NO approved plan available with Gram Panchayat for the said building. We sent the legal notice to the builder but things are not sorted out yet. Builder is not co-operating either. Our building is registered under Co-op. Society Act.

Please advise us how we can proceed to legalize the building with proper building plan and how we can convert the land to NA land and include our name 7/12 extract.

Due to absence of any documents we could not apply for Deemed Conveyance of the Society.

Please guide us. Thanks in advance.

Isaac Gabriel (Expert)
24 August 2019

If the society is in existence now, you could trace the details since lease cum sale agreements would have been issued.If not, very the land records with revenue/local body ie. panchayat where you can get it.

P. Venu (Expert)
25 August 2019

Who is the owner of the actual survey numbers? What is its status at present?

Hemant Agarwal (Expert)
25 August 2019

1. Gram Panchayat has "NO" jurisdiction to pass /sanction building plans. This is the jurisdiction of the local Town Planning Dept. (office of the district collector).

2. Since the Building, is constructed on "agricultural land", there is no legal way to regularize the building, in any way whatsoever, more so since post-defacto permission is not given for illegal constructions on "agricultural land".

3. Due to the above factors, Conveyance /Deemed Conveyance is a impossible & illegal task.

Keep Smiling .... Hemant Agarwal

kavksatyanarayana (Expert)
25 August 2019

Ji, to me, first complain to the Deputy Registrar/Registrar of Housing Coop.Society concerned against the builder. for Land conversion you (all the flat owners) have to apply for conversion stating the facts in clear to the RDO/SDO. You have to pay charges with a penality. Penality is compulsory. Then apply to the concerned for plan approval to the concerned. The fee with penality for plan approval has to be paid. But it is not an easy thing. You all in person meet the concerened officials upto solve your problem.

Dr J C Vashista (Expert)
26 August 2019

You are required to file a police complaint against the builder for cheating and fraud.
Besides this, approach area Block Development Officer/ Sub-Divisional Magistrate to find out status of the land (survey No) under dispute. If any dispute is detected you are required to proceed accordingly.
It would be better to consult a local prudent lawyer if there is some dispute/ query/ question for analyses, guidance and proceeding.

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