Construction on the basis of blanket consent

857 votes

Yes, you can file a criminal case against the builder as there is no limitation under criminal law for pursuing a case. Feel free to contact me for seeking any legal advice/assistance as regards the same.

Advocate Prerna Shukla LawRato

818 votes

You can find out last updated plan and ask the builder to clarify for consent If he has used FsI and the new change is approved and OC is given then it is legalised Else if you are aggrieved by the additional construction of unit you can file complaint with RERA office

Advocate Susmita Jagtap LawRato

586 votes

Yes, a criminal case can still be explored in 2026, subject to facts and circumstances. If the builder constructed an additional unit in 2015 on the basis of so-called “blanket consent,” such consent does not amount to informed, specific, or legally valid consent for additional construction—especially where sanctioned plans were violated, common areas were affected, or existing purchasers suffered prejudice. Blanket consent cannot legalise an otherwise illegal act. From a criminal law perspective, offences such as cheating, criminal breach of trust, forgery, or conspiracy are not automatically defeated by delay, particularly where the offence is continuing in nature, or where fraud, misrepresentation, or suppression of material facts is involved. Courts have consistently held that mere passage of time is not fatal if the complainant can demonstrate when the illegality came to light. That said, criminal proceedings are examined carefully, and if the issue appears purely civil or regulatory, criminal action may not be sustained. Parallel remedies under RERA, civil law, and planning laws may also be pursued. Given the complexity and potential consequences, immediate legal assistance is strongly advisable to examine sanctioned plans, consent documents, and the point of discovery, and to initiate appropriate proceedings without further delay.

Advocate Bhumika Vijay Bajaj LawRato

830 votes

yes you can, there are no limitations in filing a criminal complaint but, it's upon the police if they want to launch an FIR against the builder, if police is not co-operating you can easily go to the nearest judicial magistrate Frist class and file private complaint for FIR under section 175(3) of BNSS

Advocate Moksh Jain LawRato

526 votes

It depends on the offence alleged. Under Sec. 468 CrPC, limitation is 3 years for offences punishable up to 3 years. If it’s a continuing offence or involves fraud discovered later, delay may be condoned. Consult with documents.

Advocate Pankaj Bajaj LawRato