constrution of Porta Cabin on roof

716 votes

Hello I have perused your query. Section 344 talks that - Order of stoppage of buildings or works in certain cases.—(1) Where the erection of any building or execution of any work has been commenced or is being carried on (but has not been completed) without or contrary to the sanction referred to in section 336 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provisions of this Act or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith.
(2) 6[If an order made by the Commissioner under section 343 or under sub-section (1) of this section directing any person to stop the erection of any building or execution of any work is not complied with,] the Commissioner may require any police officer to remove such person and all his assistants and workmen from the premises 7[or to seize any construction material, tool, machinery, scaffolding or other things used in the erection of any building or execution of any work] within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly.

Now it is important to know that was there any prior order or notice sent to you?

Or construction is stopped when you are violation of the provisions of section 340 of the DMC ACT which says that- Provisions as to buildings and works on either side of new streets.—(1) The erection of any building on either side of a new street may be refused by the Commissioner unless and until such new street has been levelled, and wherever in the opinion of the Commissioner practicable, metalled or paved, drained, lighted and laid with a water main to his satisfaction.

So here you can resume the construction by replying to their notice if you are not in violation of the above mentioned section 340 .

For any further information feel free to reach out to us.

Advocate Love Kumar Soni LawRato

658 votes

It all depends upon the agreement. Now, since you have mentioned that you are vested with the roof rights and you are planning to construct a porta cabin. That all depends on what grounds your neighbour is objecting to it, that might be obstruction of light, air or sound which might Disturb his peaceful enjoyment of his own property. Now that will be an encroachment or not, will be dependent upon the agreement which has provided you the roof rights. Since, you have already received a notice from MCD, the best remedy is to send a notice of reply to the MCD as well as slap on the legal notice To your neighbour.

Advocate Yuganshu Sharma LawRato

349 votes

In residential plots with a minimum size of 200 sqm or more, porta cabins can be built within the plot lines. Entrance porches, canopies, and balconies. All pergolas not exceeding 20 % of the ground coverage at any level.

Advocate Chikirsha Mohanty LawRato