Reg. Illegal construction on marginal spaces
upendra
(Querist) 08 September 2014
This query is : Resolved
Sir,
in an apartment, there was an illegal construction i.e. Offices and staircases(Front Margin) to stilt floor flats and separate entries to individual flats. Now Authorities demolished illegally constructed office spaces but staircases shown on sanctioned plan and concerned persons shown premium receipts indicating the penalty paid for staircases . I wrote to authorities that said staircases buildup such away that it covers mandatory marginal spaces of building , but demolishing authorities say they can't take action when structure shown on sanctioned plan .now, the sanctioning authorities say, we gave sanction after penalty for the same and the land shown is on concerned persons name , if said persons purchased the mandatory open space land then go in court .
My query is, when planning authorities sees any construction appl. for approval ,they must have seen the plan and mandatory marginal spaces ,how come they permitt construction on marginal spaces? what is use of rules of mandatory open spaces? Also ,in this case, Fire Brigade had not given NOC citing ''VIOLATION OF MARGINAL SPACES RULES''
Devajyoti Barman
(Expert) 08 September 2014
You can always challenge the decision of the sanctioning authority to validate the illegal structure by way of filing of writ in the high court.
ajay sethi
(Expert) 08 September 2014
file writ petition in HC challenging decision of muncipial corporation regularising illegal; construction on open spaces
Rajendra K Goyal
(Expert) 08 September 2014
Challenge the decision of the sanctioning authority.
upendra
(Querist) 08 September 2014
Thanks to all experts, for confirming that , simply paying premium does not allow anybody to construct anything on land which is a mandatory marginal space which needs to keep open.
T. Kalaiselvan, Advocate
(Expert) 13 September 2014
You are absolutely right that simply by paying the penal charges, the user cannot mis-utilise the common provision/facility, as advised, proper legal action may be initiated as per law in vogue.
upendra
(Querist) 13 September 2014
Sir,
I wrote letter to office and they agreed their mistake and asked members to remove structures i.e. Staircases but now the members removed the staircase and the marginal spaces opened up this way is still in their possession they put big size flower pots at place. We don't know where to complain office says go to court , but as per my knowledge before going to court we have to exercise evry option , but don't know where to go for getting possession of land.
