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Deviation from approved plan

(Querist) 13 March 2017 This query is : Resolved 
I am planning to buy a BMICPA approved site. As per the approved plan there is a Park behind my site and between park and my site 5 feet place is left. When we physically see in the layout My site ends with Park. Immediately behind my site there is a park fencing . 5 feet place shown in the approved layout plan between park and my site is included inside the Park as per the builder. Also builder is telling my site will not be affected as he will be giving to me the site with length and breadth as per approved layout plan. Only the issues is with park which has taken the 5 feet boundary space to inside.

Can we take this site even if the park just back to site with no space between site and park as required by approved layout plan (provided fencing of the park is done including this 5 feet which was supposed to be outside the park surrounding it). Does this pose any legal issue in the future.
ADV-JEEVAN PATIL, MUMBAI (Expert) 14 March 2017
If access is required under the law you cannot include.
ADV-JEEVAN PATIL, MUMBAI (Expert) 14 March 2017
If access is required under the law you cannot include.
Adv. Yogen Kakade (Expert) 14 March 2017
The building has to be constructed as per the plan approved only.. the boundaries of the surrounding properties are no concern.
Rajendra K Goyal (Expert) 15 March 2017
Agree with the expert Adv. Yogen Kakade.


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