Shops were to be cut out for sal Shops were to be cut out for sal

8 months ago

A building was passed wherein shops were to be cut out for sale, with a map approved by the municipality board. The approved map and building constructed is not same.
There is an extra set of staircase constructed in a manner which is obstructing the view of the ground floor shop. In current scenario, the building has a ongoing case against it wherein the building owner had failed to pay the loan amount to the bank and so 2-3 people have come together and paid the bank and have the receipt for the same cleared dues. The building owner has filed a case stating that this was done against the building owner’s will but his signature is available of Affidavit paper where in he is allowing the 2-3 people to pay the bank on his behalf and take the building as a whole and give the owner a compensation amount. Now, can the stair in front of the shop be broken? Is it permissable?

Legal Counsel Vidhikarya

Responded 8 months ago

View All Answers
A.Dear Client,
If the staircase is not shown in the map of the approved building plan then it will be treated as unauthorized construction and once the deviation is brought to the notice of the Building Plan approving authority, the Municipal Corporation then after inspection of the constructed building, the Municipal Authority may issue an order/instruction to the Owner/Seller to demolish the unauthorized construction charging the penalty for deviation in construction of building.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconCan Builder Cancel Affordable After taking full Amount
Dear Client, In the absence of any specific term Builder Buyer Agreement(BBA) a Builder cannot cancell an allotment of a flat outrightly on receipt of full or part of the price or value of the flat fr...
question iconComplaint on Apartment Maintenance issue
Dear Client, Per sq, ft method is extensively used for the calculation of the maintenance charges for the societies/RWA across the country. This system of calculation is used when the sizes of apartm...
question iconQuestion on Buying 10 years old flat with registration on hold
Dear Client , you can not rent / lease or sell your property until you have received complete possession of the property. you have to complete registration process for the same before getting into re...
question iconREGISTRATION OF Apartment owners association under companies act
Dear sir, It is ordinarily registered under specific act which might have been enacted by your state government otherwise consult the sub registrar office.
question iconI am being asked to pay more than my neighbour for Open Car Parking
Dear Client, Firstly, document all your interactions with the builder, including dates, times, and any communication (emails, letters, etc.). This documentation will be crucial if you need to escala...