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Regularize Illegal construction in common plot
28-Apr-2025 (In Property Law)
The builder had developed 6 residences under common plot 30 years ago and had sold it.
We tried to regulatise our construction under Gruda impact fee act 2022 but municipal corporation has rejected our application for impact fee as it is under common plot as per the society layout plan. The society has already given a notification that they do not have any objections if the said residents are legalised. A third party has complained to municipal corporation to destroy illegal construction.
Being realistic and honest, the development on common plot is illegal and the society doesn’t have any say in that, therefore, the NOC issued by it has no relevance or evidentiary consideration in the eyes of law. The only thin and narrow chance that can be taken to seek time to shift or find legally constructed accommodation would be to pray before the HC to stay these demolitions for a while till an accommodation is found and the residents are shifted. This, in my opinion, would be the only chance worth taking. Whenever such properties were purchased, the buyers must have understood and accepted the risk.
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Adv. Nisarg J. Desai
Ahmedabad | 100+ Answers
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