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Advocate Shivchand Mishra (Lawyer)     19 November 2015

Illegal construction

Respected counsels,

Requesting your valuable comments on my below query,

There are 3 plots namely A, B and C. Plot C has a reservation of 125 square meters for road setback area. Builder in order to utilize that 125 square meters (reserved for road setback area) exchanges the measurement of plot A with plot C and in the same sanctioned plan he utilizes FSI of reserved area to construct 1 additional floor on wings constructed on plot A and B.

After few months the road for which 125 square meters on Plot C was reserved, got aligned and 125 square meter of Plot C got vacant. Builder thereafter has utilized that 125 square meters road setback area and got a new wing erected on Plot C.

My question is since builder has made triple use of Plot C,

  1. By using FSI in lieu of reservation of 125 square meter (road setback area) to build 1 extra floor,

  2. By exchanging the measurement of plots A and C shown inflated measurement in building plan.

  3. By acquiring road setback area for construction of new wing.

Is the act done by builder is legal in law?

Does the newly constructed wing stands illegal?

Is it a strong base to be challenged in high court?

Appreciate your early responses...



Learning

 1 Replies

Advocate Shivchand Mishra (Lawyer)     25 November 2015

Any suggestion guys, please advise


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