Approval denied for construction - please help!
Chitra
(Querist) 07 March 2014
This query is : Resolved
I purchased a vacant plot at Thanjavur (Tamilnadu) which falls under village panchayat area. To avoid any hassles later, I involved a public bank to do all verifications (legal , technical) to grant me loan for purchase. After the due diligence was completed by bank, they granted me loan and I finally purchased the plot. However when I approached the Village Panchayat Head to take his signature on Construction Plan Approval, he has denied to sign stating its an "unapproved layout". I am clueless if its really unapproved plot or he's denying signature due to some personal reasons. I needed his signature on construction plan to avail further loan. Unfortunately even I plan to shed all money from my pocket (avoiding the bank loan), still i require his signature to get temporary electricity connection as well. So in all cases, I cannot proceed further until he signs. All requests, recommendations and pleading have not come to my rescue. What is the way to tackle this situation legally? My papers are all in order since the bank otherwise wouldn't have granted the loan but now am stuck.
Please advise ASAP. Thanks a lot in advance.
Devajyoti Barman
(Expert) 07 March 2014
Writ of Mandamus in High Court is only option left.
T. Kalaiselvan, Advocate
(Expert) 09 March 2014
Instead of insisting on the village president's approval, why dont you try and get approval from Town and country planning authority, I think their approval will also pave way for electricity connection, take the help of a local lawyer, take his opinion and initiate appropriate legal action. It is not a big issue.
Chitra
(Querist) 10 March 2014
Thanks for the inputs sir. I have already pursued both the suggested routes. I already met the BDO (block development officer) and visited the LPA (local planning authority). While the BDO acknowledged about some incorrect transaction (where some sellers with or without the knowledge of president sold the plots). She also admitted that it was way back in 1970's and that I offcourse shouldn't suffer because of it. She then suggested me to go to LPA to pay the required additional fee (if any, for correction) and get the approval however the LPA chief denied it giving same reason that its an unapproved plot as its not registered with them under DTCP or other category. He simply refused to even comment on the issue stating it would be unethical and simply left me at the mercy of the Panchayat Head. I am surprised how all the discretion is vested in a single person who at his free will may/may not approve the plan. I feel victimized now since I am from a different city and engaged a public bank to play the safest however now nobody is able to come to my rescue.
krishna mohan
(Expert) 11 March 2014
Any land approved for housing can be considered by DTCP. Make an application officially for building plan approval and in the process they will levy some penalty which you can pay and get the plan approved. In case they can not approve they have to give a reason in writing and at that time you can approach judiciary. In India every thing works with bit of expectation which you may also try to explore to smoothen the approval process.
