I am a chawl tenant for 50 years what are my right against landlord


my landlord is constructing a building of 6 floors i m tenant in that property before he bought d property.i have consent term done through the court for 410 sqft in 2007.he is verbally saying that i m giving u 490 sqft because of delay.im requesting him to give me 120 sqft more on const rate.he is saying no,can i take him to d court or what r my legal option. secondly he dosent have approved plan ,but has d c.c for 3 flrs,do i have d right to bring a stay on d construction.i m 70 years old my room is close to his construction sight can i go to police station , it is dangerous to come in n out

Answers (1)


51 votes

Following include the list of approvals or sanctions required by builder for engaging in any construction activity:


Building Plan: A builder should submit building plan before starting the construction activities. Building plans are a graphical representation of what a building will look like after construction. Building plan ensures that building complies with building laws. Once the building plan is approved, the builder should commence construction work within two years and there should be no deviation from the sanctioned plan.


Layout approval: The builder has to get approval of layout plan from concerned authorities before starting construction of residential or commercial building. Constructing building in unapproved layout will not be given permission to be occupied or such layout plots will be treated as unlawful and exemplary penalties will be levied as per Municipal Laws. Land which is sub-divided into plots without permission from competent authority is considered illegal or unapproved layout. No facilities such as roads, drainage, street lighting will be extended in such areas.


Basic amenities: The builder should get approval from concerned authorities for electricity, water for potable and non-potable use. The building should comply with building laws for sanction or approval of basic amenities.


No Objection Certificate (NOC): The builder has to get NOC from pollution board on the project. It is essential for the approval for sewer or water supply. It is also important to get NOC from the neighboring properties to prove that builder is not encroaching any neighborhood property. Builder has to get NOC from municipality or respective authority for digging bore well. Digging bore well without NOC or approval will be levied penalty and material used for digging bore wells would be seized. In case of construction of building with lift facility, builder has to get NOC from lift authorities.


Completion Certificate: Completion certificate is mandatory for building constructed before selling or occupied. Issuing of Completion Certificate will ensure that the builder or owner has constructed the building as per approved plan.


Clear Title: The builder has to get clear title for the land or plot. Clear title ensures that the property is clear, marketable and it traces any charges or encumbrances created on the property and its present status. It enables a prospective buyer to know the chain of holdings, transfers over a period and check any dispute on the ownership of the property.


Approval for conversion of land: Some builders use agricultural land for constructing building for residential or commercial purpose. In such case builder need to get approval form concerned authority to convert agricultural land to non-agricultural (NA) purpose. In case any of such approvals are not tajen then you can file a complaint against the builder in the court. Considering that you are troubled by the ongoing construction, you ccan complaint to the police and / or file a piblic nuisance complaint.


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