Sealing of old house by development authority
3 years ago
We were renovating the roof of our 15 years old house without any permission from development authority. Because the development authority (uttar Pradesh) was formed in our city 2 years ago and the authority later the development authority declared our area in the green land In which the construction is restricted. The authority sealed our house of 250 sqm stating that the construction is illegal without the sanction of the map. We don't make any new construction we were renovating our old house which is damaged due to natural calamities. Our house is registered with the municipal corporation from 15 years. We are paying house tax, water tax from beginning. We appealed to the commissioner of the development authority. They rejects our appeal.
Anybody please guide us to way possible to get our house de sealed.
1) As you are ONLY renovating your old house which was damaged due to the natural calamities you do not require any kind of permission from any authorities in case of individual houses
2) As your house was 15 years old the development authority must have given you some kind of notice or intimation in writing and from that notice you should have taken a stay order from session or High Court..
3) As development authority has declared your area as a Greenland, but they have currently declared it and what you are having papers are 15 years old so incase they want to make the necessary changes….. it is compulsory for them to retain the old structures or are to give compensatory benefits as per their new Greenland plan..
4) As you are paying House tax water tax and all from the beginning keeping in the evidence of facts & old documented proof you are hereby directed to approach to the High Court you have the relief for the same...
5) The lawyer must be a property specialist and should be able to defend the case on your behalf I am sure that if the advocate puts up your file properly… the court will direct the development authority for handing over the house to you.
6) Incase you have not received the written notice for sealing of your house you can also claim for the loss & suspend the officers who have sealed your house.
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ADV. ANISH PALKAR (High Court)
Anindita Chakraborty
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