Dispute with Municipal Corporation
I bought a property a year ago that was a ground floor(177 sq m) in a 4 floor building in delhi. It was old constructed (144 sq m) and floor was not in a position to live. so i started renovating it and without any permission from municipal corporation i extended a room in the open area i.e verandah and covered nearly 12 sq.m. in my premises. I got a letter from municipal corporation regarding unauthorized construction going on of all the floors though only the fourth floor was under construction at that time and it was lantered by the time i bought the ground floor. I came to know that it was unauthorized and the complaint was basically for his fault. But municipal corporation booked whole building and after that i came to know through an assessment(self assessment property tax form 2006-07) from municipal corporation that my house tax was paid for a covered area of around 107 sq m. Then i got to know through municipal corporation and my early land lords that an assessment was done in around 1980's which shows a covered area of 77 sq mt. Now the Municipal corporation says that the data does not tally to actual construction stating this it sent a letter to whole building to demolish the unauthorized construction. I however am willing to give the penalty for my construction if it is a way to rectify my mistake. I do not how to proceed into this and i do not have any map sanctioned. Is there any way i can get my property regularized and i do not wish any demolition to take place.
The Municipal Corporation of Delhi is acting within its rights while ordering a demolition of the unauthorised illegal construction of the building. However, since such construction can be dated to over two decades you may prefer a petition before the Court to prevent the demolition of such building. The High Court is known to have passed several judgements against the Municipal Corporation of Delhi concerning demolition of buildings. In the opinion of the High Court, such demolition only causes more hardship to the common people, hence this could be a valid recourse to seek remedy.
The Municipal Laws regulating the building construction activities have been enacted to achieve a larger purpose of public health, safety and general welfare. Any violation of zoning and regulation laws, takes a toll in terms of public welfare and convenience being sacrificed apart from the risk, inconvenience and hardship which is posed to the occupants of the building. Though municipal laws permit deviation from sanctioned constructions being regularised by compounding but that is by way of exception. Only such deviations deserve to be condoned as are bona fide or are attributable to some misunderstanding or are such deviations as where the benefit gained by demolition would be far less than the disadvantage suffered. Other than these, deliberate deviations do not deserve to be condoned and compounded. At the time of planning, experts in the field of town planning take into account various aspects, such as, healthy living, environment, lung space need, land use intensity, areas where the residential houses are to be built and where the commercial buildings are to be located, the need of household industries etc. The violation of the floor space index, will result in undue strain on the civil amenities such as water, electricity, sewage collection and disposal. The waiver of requirements regarding fire stair case and other fire prevention and fire fighting measures would seriously endanger the occupants resulting in the building becoming a very veritable death trap.
So, you need to establish in your representation before Municipal authorities that regularizing or sanctioning your unauthorised area will not hamper the surrounding environment and not cause any other disturbances as mentioned above, then only you will be able to get your additional 100 Sq. m area sanctioned. As the Court cannot remain a mute spectator when the violations also affect the environment and healthy living of law-abiders. If the laws are not enforced and the orders of the Court to enforce and implement the laws are ignored, the result can only be total lawlessness.
W.P.Nos.33697 of 2014 and 941 of 2015, Madras High Court.
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