• How do I get town planning permission for already constructed property?

Reliance Industries built a colony for its employees in 1993 and then allotted the bungalows individually to each of them. The colony plan is approved by Town Planning authorities for 52 twin bungalows but we had extra area in our plot. So, in 2001 we decided to extend/renovate by adding 270sqft to original 810 sqft approved. At that time the colony secretary told us that you could take permission from gram panchayat for the extension and that's what my father did. We have permission from gram panchayat for extension but not from town planning. So, no bank lawyer is accepting my property for mortgage. What are my solutions to make my property legal? What will be the fine that they will charge me and how much time will it take in Raigad, Maharashtra? The total built up area is 1080 sqft on 2000 sq.ft land.
Asked 3 years ago in Property Law
Religion: Hindu

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5 Answers

You should apply to authorities for regularisation of unauthorised construction done 

 

it should not take more than 3 months or so 

Ajay Sethi
Advocate, Mumbai
97601 Answers
7901 Consultations

It appears you have annexed the extra land adjacent to your property without any rights or interests in it.

The Gram panchayat cannot sanction permission for the property which was approved by the Town planning authority.

You now have an option to file a suit for declaration to declare the title to the annexed property to your name on the basis of adverse possession.\

The extra area other than your own property did not belong to you hence either you may have to apply for regularisation to the competent authority  with expressing yor willingness to pay the stipulated regularisation fee, if any, 0otherwise you have no option than to approach court with a declaratory suit , but there is no guarantee that you may get a favorable decision from the court in the given situation. 

T Kalaiselvan
Advocate, Vellore
87803 Answers
2365 Consultations

You should take permission from the town planning authority and share with them the permission from the gram panchayat.

 

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Dear Sir,

1. You need to submit an application for your plan sanctioning. This application is a downloadable form on the town planning website. After getting the form, you can either submit it online or print it out and submit it yourself at the town planning office with the desired documents for verification. Make sure that the online submission has your name, email id and phone number.

Required Documents

  • Title deed of the plot
  • Foundation certificate
  • NOC from all relevant town planning authority 
  • Detailed Site plan
  • Latest Tax receipts
  • Encumbrance certificate
  • Revenue sketch
  • Latest Khata certificate
  • Indemnity Body and Affidavit –
  • Building plan/Layout plan

An application should be submitted to Ministry of works and housing, Government of India. The submitted form will then be processed by National Building Organization to issue an Occupation certificate. The application for an occupation certificate must mention the following-

  • Name of the registered Architect or Engineer or licensed supervisor
  • Name and address of the owner.
  • Occupancy of the building, sources of water to be used and stocking building materials, and duration.
  • The type of construction such as residential, industrial, public.
  • Plinth area (square meters) and total floor area (square meters), complete details of each room (new construction or additions) number of stories, number & type of dwelling works.
  • Estimated construction cost (optional), number & date of issue of authorization certificate, the date of commencement and estimated date of completion.

2. Or you may get a no-objection certificate from the town planning authority 

3. It may ordinarily take 2-3 weeks or sometimes may even extend 

Thank you

Anik Miu
Advocate, Bangalore
10420 Answers
121 Consultations

- Since the bungalows were constructed after the proper approvals as well as sanctions from the concerned authorities , then if you will construct on the extra land dully occupied by  you , then it will be without approval and sanctions and it may invite penalty .

- However , if that extra land comes under your ownership and a part of that bunglow , then apply with the competent authority i.e. town planning authority after submitting all the required documents which you have in your support . 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

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