If it is constructed in no construction zone it can be demolished
2) licence can be denied if construction is illegal
Building construction within 40 meter of state high in Karnataka
Sir, I have constructed the new complex in converted land for commercial purpose, this land is converted as per 40-meter rules from the center of the national highway. During the construction, there is many trees and there is no proper visibilities within this 40 meter. Later after construction we have cleared all the trees/bush for clear visibility for building from road, now we relive that I have construed the commercial complex within the 40 meter limit from the center of the state highway. My building is approximately 35 meter away from the center of the state highway in Karnataka. However I have got the building licence form the local panchayath with door number. Now iam planning to start the liquor business in this building and my competitor claiming that this building is illegal and this has been constructed within the "non construction zone". He also threaten to complaint at Karnataka lokayuktha. Mean time I have got the PWD certificate stating that building is located at 40 meter form the center of the state highway, they have measured this from different angle and they got the 40 meter measurement reading. Can you please advise, my below question. 1) My building can be demolished from PWD for construction at "No construction Zone"? 2) Panchayath can cancel my door number ? 3) Excise authority can deny the grant of licence?
Asked 3 months ago in Property Law
Religion: Hindu
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16 Answers
Sir, In same road there are many rent constructions are in the within the 25 Meter from the center of the road. So all buildings will be demolished, if the demolition applied to me.
Asked 3 months ago
Sir, In same road there are many recent constructions are in the within the 25 Meter from the center of the road. So all buildings will be demolished, if the demolition applied to me.
Asked 3 months ago
Yes all buildings will have to be demolished
You have taken permission and according to you PWD has taken measurements which state it is 40 metres from centre of highway
rely upon said report to oppose demolition
1. Since PWD has given a certificate that your building is located forty meters from the centre of state highway, PWD can't demolish your building as PWD itself has given a certificate that the building is not constructed in "No construction zone".
2. Panchayat itself has allotted you the door number after ensuring that your building is constructed forty meters away from state highway.
3. Excise authority, based on the PWD certificate, can't deny the grant of license.
Dear Sir, Yes, PWD issued the letter to Excise department and it's stated that my Building mentioning the building number, its clearly mentioned that my building is located at 40 M from the center of the highway and its as per the regulation.
Asked 3 months ago
Then it's very clear that the Excise department can't deny the grant of license to you to start liquor business.
Dear Sir, If any party goes to Karnataka lokayuktha and lodge the complaints that issued PWD licence is not correct. There will be any problem to my building ?
Asked 3 months ago
Then your building would not be demolished as it is not unauthorised construction
Written certificate from PWD would show that there are no irregularities
you should not face problems unless re survey is ordered
Since PWD is the competent authority to issue such a certificate, even if there's a complaint to the Karnataka Lokayukta, being it's a technical issue, again it will be referred to the jurisdictional PWD. Normally PWD may confirm the contents of the certificate issued by it.
The Karnataka Highways Act of 1964 and a 2005 circular state that there should be no construction within 40 meters of the center of state and national highways.
The High Court of Karnataka has also confirmed these rules in multiple order.
The PWD has guidelines that state that buildings and commercial spaces must be constructed at least 40 meters from the middle of a state highway and 25 meters from the middle of a major district road.
The Public Works Department (PWD) in Karnataka can take action against buildings constructed in no-construction zones in accordance with the state's construction guidelines.
If the building has been constructed in the no construction zone then the excise department can refuse license too.
The Public Works Department (PWD) in Karnataka can take action against buildings constructed in no-construction zones in accordance with the state's construction guidelines
A court order can direct the demolition of buildings constructed within a no-construction zone, such as within 40 meters of a national highway.
Karnataka has told all urban and rural local bodies not to permit construction of buildings within 40 m from the centre line of any National Highway in their jurisdiction.
As such, 40 m on either side of any National Highway should be maintained as construction-free zone.
the Karnataka Lokayukta can take action against illegal construction in the state of Karnataka.
Under BBMP bylaws, no construction is permitted without a display of the approved building plan on the outside wall of the site compound. It is so easy to prevent illegal construction, all government officials can stop construction on a site which does not display an approved building plan.
Karnataka lok ayukta can take appropriate action under section 9 of the act if any complaint received alleging the illegality of the sanctions for the constructions of the building illegally
1. the existence of other illegal structures are no defence to save your structure of the same is illegal as well.
2. A political intervention can save the building.
3. Otherwise apply for regularisation of the building by the Panchayat. As long as the same is not regualrised the power of the local authority remains to demolish the structure built on no approved plan.
They will first issue you notice for any illegality and then proceed you can approach court for the same to seek stay or relief
1. If your building falls within the "no-construction zone" (generally within 40 meters from the center of the state highway), it might be considered an illegal construction under the Karnataka Highways Act or other applicable local regulations.
- However, if you have a PWD certificate stating that the building is 40 meters away, then it can safe the building from demolition. .
2. Panchayats have authority over issuing building licenses and assigning door numbers. However, if your building is deemed to violate any state-level or national highway regulations like the no-construction zone, then the Panchayat can cancel the building's door number.
3. If your building is considered illegal or is located within a prohibited zone (such as within the 40-meter range from the highway), then the exercise authority can deny. for license.
- However, you can submit the PWD certificate for getting the license.
