I constructed a building (Grond floor)in June1996 under a residential plan sanctioncoming under prominent Municipality . I completed in Dec1996. Put municipality under notice with ack due that building is used fully for commercial purpose requesting them to assess tax uner commercial rates. Electricity Board has assessed the building at commercial rates since 1996. Tax was assesed by municipality since 1996 and being paid regularly uptodate. During 1999 I applied for and got first floor sanction(residential by mistake) but submitted a modified plan request in Jan 2000 giving actual building usage and giving additional modifications suiting commercial usage. I got ack on 10.1.2000 I did not received approval to the modified plan request. I waited for the statutory period of 15 days, issued notice to Municipality that I am going ahead to complete the construction. I am yet to receive disposal/return of the plan submitted till date from Municiapality. I completed by 30.1.2000.
During Feb2000 after completion of building Muncipality issued demolition notice and filed a case in a Municipal Court. I could get the suit dismissed for default. Municipality has not appealed against the judgement and it has got time barred for Municipality. Municipality during 2000 instigated CMDA to issue demolition notice. I went to HC and got"Status Quo" relief under Writ jurisdiction in 2005. After getting the reliefs I applied for water connection and got sanction for commercial purpose. But Municipality is not issuing work order to enable me to get water from mains. Govt announced a regularisationscheme recently permitting illegal water tappers from municpal water mains to get water connection regularised. I quoted the GO and requested Municipality to collect regularisation fee if any and give water connection. I have not received any reply.
I cannot go to Consumer court as I am not a consumer as per provisions of Consumer Protection Act as the building is used for commercial purpose.
Question:
1. What are the legal recourse available? What are the favourable points in my favour?
2. Kindly assist by giving decided case laws in different courts State/Supreme Court
