Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sayed Maqsood Ahmed   04 July 2022

permission for renovation of existing house

dear learned sir,

In our colony ie hudco around 99.99% of owners have demolished the 1 room kitchen house recently and in the past which were allotted by hudco in 1980 without obtaining permission from corporation and renovated or built new extension.

last week the corporation official visited my house and told that he has to take measurements if my new house constructed on the old house site without taking corporation permission. When I asked him why only you are selecting my house and not taking measurements of all the houses built without corporation permission. He said he will do it afterwards . Subsequently, the corporation issued me a notice to submit the permission letter which was issued by corporation and the drawings within 3 days,otherwise the corporation will charge extra property tax, but I don't have those documents.

in view of above,would you suggest how to handle this issue with the corporation from legal view point

Best regards


Learning

 10 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 July 2022

You can take help from corporation officials for permssion copies through Right to Information 

act

G.L.N. Prasad (Retired employee.)     05 July 2022

When you admit that you have not obtained proper approval for construction, there is no other way you can escape such fine and taxation.  Some others did the same can not absolve you from your violations.

Sayed Maqsood Ahmed   05 July 2022

Dear Sir 

Thanks for your valuable advice.  I have already filed RTI application online seeking information from the Corporation as to how many owners of the houses nearby  buildings took prior permission from corporation to construct or renovate the old houses.

Best regards 

 

P. Venu (Advocate)     15 July 2022

What or which is the Corporation you are referring to - is it the Municipal Corporation or the HUDCO?

Sayed Maqsood Ahmed   15 July 2022

Dear Venu sir,

It's hudco Maharashtra built houses under the Ahmednagar Municipal Corporation 

Look. Forward  to hear from you soon.

Best regards 

 

P. Venu (Advocate)     16 July 2022

Who has taken measurements and demanding additional property tax?

Sayed Maqsood Ahmed   16 July 2022

Dear learned sir,

An Official of the property tax department of the Ahmednagar Municipal Corporation last week took the measurements of my house selectively and when I told him that none of the Hudco residents who built houses near my locality demolishing their old house,why are you not taking measurements of others.  He said he will do it afterwards 

Kindly respond with legal option 

Best regards 

G.L.N. Prasad (Retired employee.)     16 July 2022

Please remember that others' violations can not exonerate your violations unless you can establish in targeting you for harassment.

File RTI Application and seek information as follows:

1. Please provide total houses with such numbers renovated in...............................violating the norms and not having proper permits and approvals

2. Please provide a specific number of houses with house numbers that were inspected by authorities and measurements taken.

3. Please provide reasons on the record for selecting a few houses and sparing other house owners that violated the norms

4. Please provide action proposed for a total inspection of all renovated houses to find out violations.

There is no need for any legal opinion, you will get an opportunity to represent your case, and you can not question authorities but you can only file a complaint against such house owners that violated, and then make a follow-up on action taken against all those owners that violated the norms.

Sayed Maqsood Ahmed   16 July 2022

Dear learned Prasad Sir,

I highly appreciate your valuable and excellent advice along with steps to be taken in this case without resorting to legal action.

Thanks and best regards 

 

P. Venu (Advocate)     16 July 2022

It is not material that the  property belonged to the HUDCO.

It is the law of the land property tax need to paid and every construction and its renovation/alteration requires  due permission from the local body i.e, the Panchayat/Municipality/Municipal Corporation. Such bodies have the authority to impose penal tax on unauthorised construction, otherwise not illegal.

Please note that our Constitution assures of equality before Law, not in iillegality.


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