What are cognisable offences
Pradyot
(Querist) 22 August 2015
This query is : Resolved
What ar the cognisable offences under Cr CPC?
Can following be the cognisable offences/
1-Builder started redevelopement without permission from BMC
2-Builder did not obtain NOC from herritage committee of BMC before demolition
3-Builder submitted false documents /list of legal tenanats to BMC to obtain free sale FSI from BMC.
4-Builder redeveloped property in voilation of DC regulations of BMC.
5-Builder sold common space(lobbies,refuge area etc) in the society to buyers.
6-Builder filed fictitious case in City civil court against BMC&MHADA for issueing MRTP notices
and obtained stay order.
7- builder gave area less than agreed in Agreement.
M V Gupta
(Expert) 23 August 2015
You have raised many queries in one stroke calling for brief answers in the absence of details. My replies/suggestions in brief are as under query wise:
1.Construction without BMC approval makes the structure illegal and liable to be demolished- even allowing the flats to be occupied without OC is an offence- action by the BMC only- lodge complaint with BMC. If BMC fails to take action file WP in the High court; but these steps would adversely affect the interests of the flat owners.
2.Was the old structure declared as heritage structure? Otherwise the Heritage Committee does not come in to picture.
3.Submission of false documents / information to get more FSI is an offense under the BMC Act and also amoounts to cheating under IPC- lodge complaint with the BMC- if BMC fails to act file a WP in the HIgh Court for directions to the BMC.
4 & 5. Report to BMC- if BMC fails to take action file WP in the High Court.
6.False case filed by the builder against the BMC and the MHADA- this is not ur baby- the concerned institutions will take care.
7. Giving area less than promised area amoounts to deficiency in service on the part of the builder- file complaint in the Consumer Forum
