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Shaurya Kumar (Officer)     20 July 2011

Contraction stopped by Devpt Authority

1.    I'd taken a plot (out of several plots on one big piece of land) in Dehradun in the month of Oct 10 having taken a loan from Bank. After the proper registry and mutation was done I submitted my Construction Map for approval in the MDDA (the local Devp Authority). The map was approved in the month of Jan 11. Thereafter I commenced the construction of my house.



2.    In the month of Jun 11 while my construction was on, I got the news that the Devp Auth officials came at the site and sealed my construction. When I enquired I came to know that the sealing was done on the basis of "Illegal Plotting"(The subdivision of the plots was not approved by the Devp auth - which I was not aware when i was buying the property). As per the devp auth, they'd sent previous notices also prior to the sealing however all the notices were sent to my plot address and not to my permanent/official address as I'm a central Govt Offr and work in Jhansi. So actually I didn't receive any of the notices. My builder also denies of having recd any notices at the site



3.    My map was approved as per the single window system(a system in which the Devp Auth sanctions the map based on the facts represented by the applicant). My map was earlier approved however now the same has been stated as cancelled by the devp auth on the grounds " illegal subdivision and representing wrong facts that other houses are existing in the said area (however the houses really exist in the area).



4.    The present state of construction is that I've constructed my first floor and my Second floor was under construction when the work was stopped. (Map was approved for Duplex)



5.    What fastest relief can i get from judiciary in this case as I'm under heavy loan from Bank and cannot pursue the case being away from Dehradun? Also can this property be compounded? By the time this sealing has happened I'd already invested a lot money into the property and my house also remains incomplete as of now. Please suggest me the actions which I can take at my level as the owner says that though he is getting the layout approved but it may take long time.

 



Learning

 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     20 July 2011

You have no other option but to go to civil court and seek stay order against ongoing consutruction and restraining the authority to take any action on the basis of alleged cancellation as no false fact has been inserted by you in your application.

Shaurya Kumar (Officer)     22 July 2011

Thanks. But what to do about the illegal plotting part. The land owners seem to be in no mood to get the plotting approved. However I need to continue with my construction.Please advise..


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