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Aaqib Ahmad   13 October 2020

Building Construction Permit

Is it legal that a municipal council issued a building construction permit after the building is already constructed?
And what action would be liable if they issued a bogus permit?


 11 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     13 October 2020

A Municipal Counsellor cannot give permission to build a house.  Consult local lawyer to file a case.

G.L.N. Prasad (Retired employee.)     14 October 2020

Seek such information from MC itself through RTI, they might have submitted plan, but due to delay in such meetings/process approval might have been delayed and it is very difficult to prove the exact date of completion. The final issue is as to whether the building confirmed to the approvals and blueprint submitted to MC.

P. Venu (Advocate)     14 October 2020

What are the facts? What is the context?

Aaqib Ahmad   14 October 2020

They have never applied for the permission, Because the owner is a local politician and real state dealer also,Now the buyer with that politician's support got the bogus building construction permission through corruption, and building was already built many years ago illegally.

SHIRISH PAWAR, 7738990900 (Advocate)     14 October 2020


Construction of a building without permission is illegal construction. So municipal corporation cannot issue permission to the building which is already constructed. 

1 Like

Aaqib Ahmad   14 October 2020

So, can I lodge complaint to state level administration? Because, district level administration may be settled with that politician.

P. Venu (Advocate)     14 October 2020

A construction without a building permit is not illegal, per se; it is only irregular. It could be regularised subsequently with fine, if there is no illegality in the construction.

2 Like

Aaqib Ahmad   22 June 2021

Okay, So what If the building is without permission constructed on some part of nazul land?

P. Venu (Advocate)     22 June 2021

You are trying to convert the query into a riddle.

G.L.N. Prasad (Retired employee.)     22 June 2021

Contact a local advocate for filing a petition before Lokayukta.  The building construction several steps as per laid down. The first step is for applying for approval with such blueprint as per rules prevailing, Town planning officials are expected to make periodical checks as to whether the building is as per construction, they have to display a copy of the approval plan near the entrance, after completion they have to submit information and seek for occupation certificate, the town planning officials visit the premises, certifies that the building is as per blueprint approvals, and then tax assessment with occupation certificate has to be given.  Steps may vary to slight extent.  It is true that in anticipation of approval with a fine after some years or if the approval was not given within the time frame, construction might have been completed, and the authorities must necessarily maintain such a list of constructions without proper approvals and take further steps.

The building approval/regularization under a scheme is controversial and courts have passed structures on such schemes of regularization.  The authorities also must have photographs of the building and google Maps location to confirm as to whether construction was existing on the cut of the date fixed for approval.

The proper course of action is seeking inspection of the records as per RTI Act and obtaining certified copies. during inspection.  The applicant can take prior permission and get a companion to assist him.  The inspection is free of cost for one hour.  RTI fee is Rs.10/-/  Certified copy costs Rs.2/- per A4 copy.

Equip with all evidence and make a simple online complaint against Commissioner first with Ministry, and after one-month file complaint before Lokayukta.

All these remedial actions are online and may not cost more than Rs.500/- in all and unless you are equipped with suitable documentary evidence never take any step against a corporation.

Above all there is a final remedy of a writ before the High court, which is ultimate.

Now even ex-CM, ex-ministers, most reputed University buildings are demolished in AP State in a day.    They were not kind even to Cine Actor Sonu Sood or another famous heroine's building demolitions...  

1 Like

Aaqib Ahmad   23 June 2021

I was not aware that time about the said property,that it's also constructed on nazul land apart.

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