Irregular approval of Housing Society
Ours is a 'ap Gazetted Officers Co-operative house building society', Hyderabad. The layout of our venture,Sarada Nagar, Hafeezpet, Seriilingampally was approved during 1997 by HUDA. Now, GHMC rejects building permits in the plots near railway land near Hafeezpet flyover where 100 ft. road is marked in master plan. I don't know the master plan is of 1994 or of 2008. 1) was there 100 ft. road in master plan of 1994? 2) if it was, how was it possible to issue approval to our layout without showing 100 ft. road in it? 3) if the road was shown only in master plan of 2008, can it have retrospective effect? 4) what is to be done? Regards,
Please go through the notification Municipal Administration and Urban Development Department - The Andhra Pradesh Land Development (Layout and Sub-division) Rules, 2017 – Notification – Orders – Issued available at http://dtcp.ap.gov.in/webdtcp/pdf/275,%20Dt.18-07-2017-Layout%20Rules-2017.pdf. As rule 6 of it clearly says Nothing in these Rules shall require the removal, alteration or abandonment nor prevent continuance of the lawfully established use or occupancy of an existing approved land/layout development unless, in the opinion of the Executive Authority or Competent Authority such a land/layout development is unsafe or constitutes to be a hazard to the safety of adjacent area or to the occupants of the layout area itself. In this terms the action can be taken by the authority as they have right also to take any action for public purpose too.
Book a phone consultation with a top-rated lawyer on Lawfarm.