Unauthorised construction - mrtp act
Querist :
Anonymous
(Querist) 14 December 2017
This query is : Resolved
There is a Registered Society in Mumbai Suburbs. The owner / occupier shop is constructed on the space where WC / Toilets are approved in plan by MCGM. Now MCGM officers surveyed the property and found this fact. Thus they issued a notice u/s 53(1) under MRTP Act to restore the structure as original approved plan or apply u/s 44 for retention in one month.
Here what you suggest to the occupier/ Owner, who is a innocent buyer who has purchased it in resale paying the cost to the seller. Now He is member of the society and also paying property tax separately for his shop. Secondly If it is proved that the shop is unauthorised, who, does he or the society is required to pay the fees / Penalty for regularising it. And what can be the amount so payable. Please Help.
P. Venu
(Expert) 15 December 2017
The buyer cannot be termed innocent; he/she ought to have verified before entering into the transaction.
