I have applied for building plan approval to build my home in a hill station in my own plot in my local municipality in Tamilnadu. I have paid all the amount that I have to pay to government and the funds to welfare board. Still the building planning engineer refused to give me the approval license. He asked for an amount of 25k as bribe and he asked me to give me a Rs.100 Bond paper with notari signature stating that " I won't change anything from the plan and I will use it only for my housing purposes and not for commercial purposes in the entire lifetime of the building and the municipality has all the rights to take any action when needed. And I promise that I won't go to Court for any cause if any action was taken on me at anytime".
1.Is this fair.?
2. Is there any law that I should submit this bond to them?
As a citizen of India, ones last hope in the democracy for the justice is Court.
3. Is that legal to ask me to sign like this?
4. I have submitted all the documents that are needed for the building plan approval. Tamilnadu government has any law to ask for These type of bonds?
A.Asking for bribe is itself a crime in first place. You may file complaint against him in the appropriate department of public services and the bond which he wants to make you sign seems one sided and not correct and do not sign it and ask the official to give you official format if any such bond is required and ask him law or regulation which supports such bond. I agree your work might get delayed due to all this but please note giving a bribe is also equally a crime and may not stop here because the bond contents he's asking seem incorrect and troublesome for you in the future. Hence get your work done in best legal way possible.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.ऐसा कोई दस्तावेज जिसमे किसी पर ऐसी पाबंदी लगाई जा रही है।जिसकौ कानुन अनुमति नही देता है।उसको इस प्रकार से लागू नहीं किया जा सकता है।आप ऐसे किसी भी दस्तावेज पर हस्ताक्षर ना करे जिस से आपके अधिकार कम होते हैं।
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
The building planning engineer can be charged u/S 8 of the Prevention of Corruption Act and also under S.171E of the IPC for the offence of bribery. You can always resort to lodging a police complaint when faced with such situations.
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A.Hi,
You may lodge a police complaint against the building planning engineer for the offence of bribery u/S 171E of IPC. Additionally, he may also be charged under S.8 of the Prevention of Corruption Act. No contract or bond of any kind which obstructs justice is a valid contract.
If you found my answer helpful then, kindly rate me.
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