Unauthroised cosntructiosn - Cellar - Civil Law

A V Vishal (Advocate) 23 August 2009

6.BPS is not applicable in the following cases:

i) Encroachment on Government lands or property belonging to public undertakings.

ii) Land for which the applicant has no title.

iii) Surplus land declared under Urban Land Ceiling / Agricultural Land Ceiling / Lands resumed under Andhra Pradesh assigned lands (POT) Act

iv) Buildings affected under alignment of any road or proposed road under Master Plan / Zonal Development Plan / Road Development Plan or any other public roads / MRTS / BRTS.

v) Tank bed and Sikham lands.

vi) Areas covered under G.O. Ms No. 111 MA dated 8-3-1996 (protection of Catchment area of Osmansagar and Himayatsagar lakes).

vii) Prohibited areas under the Coastal Regulation Zone and such other environmentally restricted zones as may be prescribed.

viii)Layout open spaces / Master Plan open spaces / Areas earmarked for Recreation Use in Master Plan / Zonal Development Plan;

ix) Sites under litigation / legal disputes regarding ownership.

x) Area reserved for parking in the sanctioned plan / area meant for parking purposes in the building.

xi) Unauthorized constructions without any building sanction in unapproved/unauthorized layouts, for which prior approval of site/plot under regulation of unapproved / unauthorized layouts rules is required to be obtained. However

applications for building penalisation would be accepted if the applicant applies for regulation of the unauthorized site /plot and encloses the acknowledgement to that effect.

Y V Vishweshwar Rao (Advocate ) 23 August 2009

Thank You Mr Vishal !

In AP There is a Scheme - Regularization & Penalization of Unauthorizedly constructed Buildings and Buildings constructed in Deviation of Sanctioned Plan Rules 2007

These Rules are applicable to constructions made between 1-1-1985 to 15-12-2007

There are several Shops Constructed in Cellar Floors in Apartments Buildings and also in Commercial Complexe Buildings and the same are sold long back by the Builders to the Purchasers and the purchasers who are running Business in the said Cellar Shops .

The Cellar Shops are against the Sanctioned Plan and can not be Regularized under the above Rules 2007

Is there any remedy - ? for these shops in Cellar floor -

For discussion only

Deekshitulu.V.S.R (B.Sc, B.L) 23 August 2009

Construction in thecellar protion cannot be regularised. BRS is applicable only in certain cases, not in cases of cellar.

1 Like

raju (business) 06 December 2009

Originally posted by :A V Vishal
"	6.BPS is not applicable in the following cases: i) Encroachment on Government lands or property belonging to public undertakings. ii) Land for which the applicant has no title. iii) Surplus land declared under Urban Land Ceiling / Agricultural Land Ceiling / Lands resumed under Andhra Pradesh assigned lands (POT) Act iv) Buildings affected under alignment of any road or proposed road under Master Plan / Zonal Development Plan / Road Development Plan or any other public roads / MRTS / BRTS. v) Tank bed and Sikham lands. vi) Areas covered under G.O. Ms No. 111 MA dated 8-3-1996 (protection of Catchment area of Osmansagar and Himayatsagar lakes). vii) Prohibited areas under the Coastal Regulation Zone and such other environmentally restricted zones as may be prescribed. viii)Layout open spaces / Master Plan open spaces / Areas earmarked for Recreation Use in Master Plan / Zonal Development Plan; ix) Sites under litigation / legal disputes regarding ownership. x) Area reserved for parking in the sanctioned plan / area meant for parking purposes in the building. xi) Unauthorized constructions without any building sanction in unapproved/unauthorized layouts, for which prior approval of site/plot under regulation of unapproved / unauthorized layouts rules is required to be obtained. However applications for building penalisation would be accepted if the applicant applies for regulation of the unauthorized site /plot and encloses the acknowledgement to that effect.	"

kiran kiran (mydesig) 25 November 2011

Dear Sir, i got the similar situation in andhra. the builder registered 20 yards to me after giving the shop to me . now the other owners went to court asking to demolish the shop. can I tell to the court saying that i will keep the shop as a private parking for me. no a petty business is running. i will ask them to vacate kinldy advice sir

kiran kiran (mydesig) 26 November 2011

Dear Sir,

Further to my issue ,in case of the court orders for demolition,

can I appeal the court to order for such demolitions of the pre existing shops in the locality of similar nature.

( that were already running prior these shops construction) under the following conditions in the constitution.

Actually builder referred these shops to me and then sold to me.

Article 14 Equality before law
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Part IVA Fundamental Duties

Article 51A Fundamental duties

(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

2. another suggestion:

actually i find that there are only less that 30 % occupants had cars, since these 20-30 flat apartment blocks had most of the middle class families.

it is more appropriate to leave the frontal bay for petty shops not more than 150 sft each and then leave the remaining for the car parking 30% and rest for motorcycle parking. 250 sft can be for the watchman.

even you restrict by law, people are tempted to misuse. WHY NOT AMMEND THE LAW AND PUT AN END TO THE MESS.