RIGHT OF MUNCIPALITY ON REG. SOCEITY PROPERTY
CA Rahul sureka
(Querist) 20 April 2009
This query is : Resolved
We have registered Soceity at thane, now if some one have taken balcony inside there room, the person who has taken balcony inside is already paying muncipalty tax on balcony space also. can if any one complain in Muncipal office that this construction is illegal, does muncipality has right dispite of soceity registration. , if society issue NOC will it be sufficient.
IF ANY ONE CAN HELP ME OUT IT WILL BE HIGHLY APPRECIABLE.
Y V Vishweshwar Rao
(Expert) 20 April 2009
In AP there was Regularization of Un-Authorized usage or construction ,there will be a policy in every State , In Your Local - Municipality there may be a policy regarding the Regularization of usage / or Illegal Construction.
I advice you to verify with the Local Municipal Authorities !
sanjeev murthy desai
(Expert) 21 April 2009
Dear Rahul Surekha,
With out get the permission from Municipal corporation that construction is illegal under the by laws and Muncipal corporation act.
Noc from society its not usefull, you have to regularised that unauthorised construction from jurisdictional office and you have to pay the penalty presribed by the Law.
sanjeev desai
CA Rahul sureka
(Querist) 21 April 2009
Dear Sanjeev Desai,
Thanks 4 reply
I just wanted to kn that i am already paying muncipal tax on that balcony space too. now i want to take balcopy inside my room. Hw it will be illgal.
and if still illegal then how much penalty to pay. our society is registered society
Plz reply
sanjeev murthy desai
(Expert) 21 April 2009
Dear Surekha Rahul,
Your building was constructed and existed as per plan sanctioned by the Jurisdictional Muncipal corporation . If you required to make any alteration, you have to get the permission from the said authorities otherwise it is illegal (Voilation of earlier plan).
Please completely go thorough the Karnataka Municipal corporations Act, 1976 of Sections, 321, 321A and 321B.
sanjeev desai
Y V Vishweshwar Rao
(Expert) 21 April 2009
It is concluded that the Bolcony is existign and cosntrcuted with Buildign Pemrisison and now beign converted as part of Room/s instead of Bolcony usage !
1- The deviation is only usage of the Plinth are that to Residentail purpose only
2- Conversion from Bolcony in to part of Room/s is not objected by your Society / Neibours .Society is issuing NOC
3- The Municipal Authorities may not take any serious action gaisnt it .
4- The same will be considered by the Muncipality even on some penalities as applicabel in your Local Body / Municpal Area . if it is noticed by the the Municpality , the Penalities may be accordign to the plinth area and rates applicable in the Muncipality
