Deemed regularisation of illegal additions/encroachment
KETAN J SHAH
(Querist) 29 July 2013
This query is : Open
Respected Sir,
The Tenant has carried out illegal additions/alterations and encroached upon the open space in the compound.B M C issued M R T P notice.The Tenant made an application of Executive Engineer ( bldg & Proposals) for regularisation >They refused to entertain the matter as Landlord had already put his complain to NOT to regularise the premises without his NOC.
The tenant then made an application to the Asstt Mun Commissioner ( ward) and Municipal Commissioner. but did not get any reply for 60 days.Here also Landlord had filed his complain in advance.
The tenant is now contesting in the court that since he did not get any reply from the 2 competant authorities his illegal premises are deemed to be regularised under sec 53 ( 3 ) r/w sec 45(5). Is it so that without seeing the premises, without seeing the original sanctioned plans and O C the premises stand regularised ?
If M R T P notice so easily vacated then what is the use of issuing such notice.
If such deemed regularisation is granted to the Tenant then the Landlord is in danger of loosing his property.
Please give your valuable opinion. This question has been asked by the Landlord to many advocates and also B M C people known to him but NO satisfactory answer is received as many people are NOT even well versed with this M R T P law.
Thanking you in advance.
