unauthorised building construction matters

Querist : Anonymous (Querist) 25 September 2010 This query is : Resolved
one of my client has done deviated unauthorized building construction after getting approval from local body.this construction is refused by the department of planing.
My client is planning to appeal to the government. besides of this is there any law is permissible to get a injunction to avoid building demolition and stoppage of works. presently he has vested around 5 crores of money on that project.

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s.subramanian (Expert) 25 September 2010
No way out. When the construction is violative of the approved plan,it becomes illegal construction and cannot be saved. But you can try to prolong the demolition by approaching courts under some pretext or other.You can be sure it would be a futile and expensive exercise without any ultimate benefit to you. Instead,try to convince the authorities and get it regularised.

Y V Vishweshwar Rao (Expert) 25 September 2010
The Situation of property is not mentioned- to some extent the Municipal Commissioner is empowered to Regularize the Buildings / Local Act of Your state to be verified with reference to the facts of the case and extent of Violation in proportionate to the Approved Plan .

Devajyoti Barman (Expert) 25 September 2010
Right, The Bengal the Municipality has got ample power to regularise any unauthorised construction on payment of penalty.

Chanchal Nag Chowdhury (Expert) 28 September 2010
Generally, there is no option. However,there are provisions in many Municipal laws where regularisation can be done on payment of penalty as rightly pointed out by Mr. Barman.
U should note that even SC has allowed regularisation of deviation in cases where the changes were minor & did not involve any question relating to the stability of the building.

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