Mansi (Lawyer) 19 September 2016

Who to procure sanction for erection of building

Dear Experts,

Is there any judgement available whch lays down the guideline as to who is the party responsible for procuring sanction from MCD for erection of building, in the absence of clear agreement between the occupier(owner) and the contractor for reconstruction.

PS ... DMC Act 1957, Section 333 provides that "the person intending to" erect a building shall apply for sanction.

Thanks in advance,

Best Wishes

Reply Follow

3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 19 September 2016

Sir,

I feel the contractor.

Warm Regards

Kapil Chandna Advocate

9899011450

Mansi (Lawyer) 28 September 2016

Sir, Thank you for replying. If possible, kindly share any law or case law.

Best Wishes

Originally posted by : Kapil Chandna
	Sir, I feel the contractor. Warm Regards Kapil Chandna Advocate 9899011450

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 01 October 2016

Dear Mansi,

Obtaining permission for construction of building depends on the agreement between the parties and there is no specific law or judgement to say that permission shall be obtained by landlord or by contractor.

However in the most of the cases, Contractor takes reponsibility of obtaining permits at their cost as they have regular interaction with the competent authorities in their day to day business affairs so as to enable them to get the permission within the time and also to minimise the other expenses for obtaining permit.