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Kumar R. (Executive)     07 November 2009

House without approved map by Municipal corporation

What penalty can be lavied if it is found that the house is build without getting the proper permission (Map is not approved) from Municipal corporation authorities. 

As one of my subordinare bought the house from a builder in the colony of about 50 bunglows. Now it is found that the record of approved map for the particular house is not available (However the record of other bunglows is available) in the Municipal Corp. records. Is the construction illegal for this single particular house. If yes what can be the way out now.

Please reply asap.

Thanks&Regards.

 



Learning

 3 Replies

A V Vishal (Advocate)     07 November 2009

If the construction is illegal, the Corporation can levy heavy penalty which is decided on case to case basis and the rules governing the sanction of permission of the Municipal Corporation in whose jurisdiction the property is situated. Further the Corporation can proceed with demolition of the illegal construction. Contact a local lawyer who can represent in Municipal matters with all the documents with you and seek his advise and follow accordingly.

Anil Agrawal (Retired)     07 November 2009

Let us understand one thing. No house can be built without the connivance of corrupt municipal employees. 

But builders do it. Either without any permission or violate the permission by constructing extra floors. Against with connivance. When things get hot, they raze it. If not, go on merrily.

Two examples:

Dawood Ibrahim's Sahara building at Crawford Market. Prime milestone of Mumbai and he demolished it and rebuilt it and not a finger was raised. The extent of corruption: BMC gave a clean chit to all its engineers. Now Mumbai High Court has ordered prosecution of all of them.

Pratibha, a building in Malabar Hill, meant for mighty and rich. Extra floors without permission. Matter went to Supreme Court. Residents and builder took the plea that razing extra floors will weaken the building. IIT, Mumbai, was drafted. Nothing doing. Demolish them. Much against their wishes and consternation of BMC, extra floors were demolished. No BMC official was punished. They are not blind. They don't look that way. In America, dollar is called Greens. What do we call our dear rupee 'red'?

Anil Agrawal (Retired)     07 November 2009

 Yes, certain penalties are imposed and minor infraction of site plan is condoned. Not for putting up a building without any plan and permission.


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