How to deal with notice to stop construction

620 votes

You should have applied for permission before the commissioner under section 254 of BPMC Act. which states as under:
Notice to be given to Commissioner of intention to make additions, etc.
to building
(1) Every person who shall intend--
(a) to make any addition to a building,
(b) to make any alteration or repairs to a building, not being a framebuilding,
involving the removal or re-erection of any external or party-wall
thereof or of any wall which supports the roof thereof, to an extent
exceeding one-half of such wall above the plinth level, such half to be
measured in superficial feet,
(c) to make any alteration or repairs to a frame-building, involving the
removal or re-erection of more than one -half of the posts or beams in
any such wall thereof as aforesaid, or involving the removal or re-erection
of any such wall thereof as aforesaid to an extent exceeding one-half of
such wall above plinth level, such half to be measured in superficial feet,
(d) to make any alteration in a building involving--
(i) the sub-division of any room in such building so as to convert the
same into two or more separate rooms, or
(ii) the conversion of any passsage or space in such building into a
room or rooms,
(e) to repair, remove, construct, reconstruct or add to any portion of a
building abutting on a street which stands within the regular line of such
street,
(f) to carry out any work in a building involving--
(i) the construction or reconstruction of a roof,
(ii) the conversion of a roof into a terrace,
(iii) the conversion of a terrace into a roof, or (iv) the construction of a
lift shaft,
(g) to carry out any repairs to a building involving the construction of a
floor of a room (excluding the ground floor),
(h) to permanently close any door or window in an external wall, or
(i) to remove or reconstruct the principal staircase or to alter its position,
shall give notice to the Commissioner, in the form prescribed in the by-laws
and containing all such information as may be required to be furnished under
the by-laws.
(2) Every such notice shall be signed in the manner prescribed in the by-laws
and shall be accompanied by such documents and plans as may be so
prescribed.

Also, now you need to file a reply, and that reply must contain the reasonable and appropriate reasons as to why the said building/addition should not be removed.

Advocate Siddhant Sharma LawRato