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Kesava Rao ( Software)     12 March 2012

Law to construct own house in small town

Hallo,

My borther-in-law is a farmer, and want to construct own house in small town (Kandukur, AP). He has his own land to do this construction and single floor only. He got house construction plan approved by engineer and placed the same documents in Municipal office for approval.

As it looks bit delay in approval, due to good day concept followed by all Indians, he did a basement (just few stones at down and some sand in that place).

Now municipality people are asking for a bribe as he did the basement without their permission.

What is the actual construction law in AP for small cities? Can anyone provide some links?

Construction place has no conflicts. And he is looking for a small house for own leaving. Not company or big constructions etc…. How to handle these corruption issues by small citizens (farmers)?

Please help me in detail.

Best Regards,

Kesav



Learning

 3 Replies


(Guest)

If it is a case of demand of bribery, you may approach the Special Police Establishment or the Anti-corruption wing of the police, whatever it is called in your state. They will handle the case themselves, if you act according to their instructions.

yes yen (company secretary)     13 March 2012

from your statement, which is vague, it is understood that you have done BOOMI POOJA in which certain activities are performed as a starting of construction work based on VAASTHU rules and regulations.   This is followed all over India by all , particularly by HINDUS.    This need not be as per the plan we submit to municipality or panchayat and panchayat or municipality cannot come and tell that you violoated any plan submitted for approval.     THE REASON is many many such starting of BOOMI POOJA to satisfy ones wish had been either discontinued or delayed for long or modified the scheme.    so such act of satisfying certain belief or rituals does not amount CONSTRUCTION.    

ALSO, house or the like means a place suitable for habitation with certain facilities need for living and it should be covered.    In this process it should not be a hindrance/obstable for public / private living or encroach on public or private right to move /live/travel and enjoy the public facilities offered.    As long as your action is not affecting any of the above items, then there cannot be any objection from the panchayat or municipality.

As what you have done is nothing but complying with HINDU PRINCIPLES / practices, it does not amount construction, you have not committed any offence either civil or criminal.  clearly tell the persons who warn/intimidate you.

Further, regarding bribe asked for, you follow the advice given by Mr.Dinghra.

the expert advice of other professionals is solicited either to endorse the above points or comment otherwise. 

 

 

 

 

 

 

 

as

Kesava Rao ( Software)     18 March 2012

Dear Mr.Dinghra & Mr. Yen,

Thank you for both of your suggestions. Above situation I explain is about my brother-in-law, who is having a basic education and working as former (land cultivation and with some cows).

He did BOOMI POOJA only, nothing big than that. And also this land has no conflict either at all. There used to be a very old house of him before, he just demolished that due to non-livable condition. And after that immd., he took new house planning from govt engineer., who charged 6000 Rs/- saying there is a new road behind house, so they have to pay that amount as TAX. (I really wonder how planning engineer will charge for road TAX?).

And after applying for municipal office they started asking for bribe saying you started construction without permission. Then he is going around them every day and after a 1 months’ time, they asked to pay 12000 RS/- as bank chellana. (just 3 months before, they given am approval with 10000 Rs/- for 3 stair building just beside my brother-in-law place). My brother-in-law asked about old situation, they said it is increased now, he has to pay. He paid the same.

Still permission was not given, and they are asking him to pay 60000 Rs/- as there is a new cement road near to his home, and 20000 Rs/- as municipal tax. I wonder what these costs are and where we can refer actual law, what is right and what not?

Hearing this I really gone mad. Former whose yearly income would be less than 50K and want to construct a house with loans need to pay 60k is really a funny.

Situation in AP is very bad, as I understood from my friends there and also my personal observation. Myself is educated and staying in abroad from many years.

Please help me providing any site links, to know these laws to understand and help these unharmed people.

Best Regards,

Kesav


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