Grampanchayat powers to approve building construction plan in year 1984 in maharashtra
Abhishek
(Querist) 10 May 2016
This query is : Resolved
Hi,
I have a ancestral house in village Dandeghar of Taluka mahabaleshwar District Satara of Maharashtra. In all British maps the house entry is appearing in as early as year 1937 survey map. Thereafter again in year 1957 map also the house is appearing. My late grandfather, made and application in year 1984 to Village Gram Panchayat office and got the formal approval for constructing the new house after demolishing the old ancestral house. Even the building plan blueprint was approved with due resolution number in village panchayat meeting. Since then after constructing new house of same size the same is in existence till date without any further modification after year 1984. Now SDO office Wai has ordered a demolition order for said house stating that we have not taken permission from thier office. We met the SDO office Wai officer and requested him to kindly revise his order as ours is a very old property and house was reconstructed after taking formal permission from local Grampanchayat office in year 1984. However, SDO is of the opinion that the need the documentary evidence stating that in year 1984 village grampanchayat had powers to do so.
I request the expert panel to please advise me as to what can be done in this case and where can I get the document stating in year 1984 village grampanchayat had powers to issue construction permission and permission to approve maps for construction.
Just to be specific, my village comes in Mahabaleshwar Panchgani Eco Sensitive Zone declared in the year 17 January, 2001. however my old house is almost 100 years old and reconstruction was done in year 1984 with due permission i.e. prior to enactment of MRTP Act and MLR Code, 1956.
Regards,
Abhishek Kalambe
9004897369
abhishekkalambe@gmail.com
P. Venu
(Expert) 11 May 2016
Please inform of the legal provision under which the demolition has been ordered.
Abhishek
(Querist) 11 May 2016
Demolition is ordered under section 45 of Maharashtra Land Revenue Code, 1966.
Dr J C Vashista
(Expert) 14 May 2016
I have all my doubts qua "revenue" records appearing in "Lal Dora" i.e., village habitat area even prior to the Britishers.
Besides this, there is no sanctioned/planned construction in village area.
There is no question/authority vested with gram panchayat for demolition, recheck with a local prudent lawyer and enlighten us as well.
Best wishes,
Dr. (Maj) J C Vashista, Advocate,
Ch. No 647, 6th floor, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075
Cell # +91 9891152939;
email: majjagdish@gmail.com
