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Can illegal construction in open space be filed at NGT


16-Jan-2023 (In Civil Law)
In 10% open space in the approved layout illegal allotment to one of the caste community and they constructed sheds without obtaining municipal permission. According to municipal rules the 10% open space is meant for construction of parks and playgrounds. this is an illegal act, can i approach National Green Tribunal, Delhi for restore the open space which is meant for. kindly give answer. thanking you in advance.
Answers (2)

Answer #1
678 votes
Certainly the open space be left for greenry. If violation takes place regarding that aspect you can approach NGT and also the Delhi urban authority for cancellation of such illegal allotment and so it will be stoped

Answer #2
771 votes
Hi
If there is illegal allotment to one of the caste community by any government agency/authorities or if the government authorities have failed to stop the illegal construction, then you should approach the high court under Article 226.
If the land has been allotted to the caste community, but no construction permission has been obtained by the allottees, then you should file a case against the allottee's, municipality and collector at district courts only.
National Green tribunal generally intervenes only if the land is covered under any economic development zone and to approach NGT, the minimum land covered should be above 100 acres.

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