Anbu Mani 21 December 2023

Building plan approval

An flour and Oil Mill has been constructed in a rural area, and obtained necessary permissions from the local authorities and then the village panchayat president cancelled the building approval citing that the building was not constructed as per the plan. As per our knowledge, we have sought approval for 1000 sq ft and we had built around 1150 sq ft within our patta land only. We have left almost 2-3 mts of gap on all four sides of the building as well. Experts pls do comment about that a Village president does have an authority to cancel an approval or so. Also pls suggest what's the next step we can do since we have bought Bank loan also PM scheme subsidiary.

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5 Replies

Dr. J C Vashista (Advocate ) 22 December 2023

Deviation in sanctioned plan and actual existed in the construction of premises, which is objectionable.

Show relevant documents to a local prudent lawyer for better appreciation of facts and professional advise.

Real Soul.... (LEGAL) 22 December 2023

Just pay the fine for deveations and or file the suit and get the stay and proceed . The court will at the most charge you

T. Kalaiselvan, Advocate (Advocate) 22 December 2023

If the deviations are found to be more than the limit that has been authorised, then the approval authority may issue a notice asking you to show cause that why action cannot be taken for this deviation in the construction beyond the approved plan.

After the actual completion of the project, the builder needs to notify the authorities of the deviations. If the changes are small, these are noted and a new approval is given. Typically, five per cent deviation in size from approved layout plan is permitted.

Minor Violations In Construction Of Building Which Do Not Affect Public At Large Can Be Considered To Be Regularised

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Anbu Mani 22 December 2023

Sir , the area that we have built this flour and oil mill is a non residential area , there were no buildings nearby atleast 50-60 meters , also , the deviation is within our patta land only , there's no encroachment as well. Pls clarify that my approval period is not over yet , but the president sent a notice that there were violations and therefore cancelling the approval. Is that legal or so? Pls comment sir.