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illegal construction complaint Unauthorized construction
case Your responsibility to each component related to the government machinery
The unauthorized construction and its removal in the state
has been done with great difficulty.
The issue of unauthorised construction has been a matter of
concern since the early 1960s. Regarding the issue of dam construction, control
of dam construction, control of illegal purchase and sale of dam construction
and to prevent malpractices in construction business, Government issued a
notification in 20th May, 1960. B. Paymaster Senior (I.C.S.) Secretary
Committee would be named after him. The committee started exercises and passed
the La Qaeda on 29 June 1961.
Thereafter
Maharashtra Ownership Flat Act 1963 came into force. Subsequently Maharashtra
Ownership Flat Rules 1964, Maharashtra Regional Town Planning Act 1966,
Maharashtra Ownership of Apartments Act 1970, Maharashtra Ownership of
Apartments Rules 1972 such laws and regulations were approved. Is Maharashtra
leading the way in other countries?
Yes this is a topic of discussion. It is the first state in
the country to make laws to stop illegal construction work. Any illegal
construction complaint is binding on the competent authority to get the
construction work approved before starting the construction.
However, as per Section 3 of Maharashtra Ownership Flat Act
1963, it is binding on the promoter or the person carrying out the construction
to display the location of the newly approved construction. If this is not done
then as per clause 13 of this law, being unemployed for 3 years, being
unemployed and being unemployed is a criminal offence.
Carrying out development, constructing a building without
the permission of the competent authority is a criminal offence under section
52 of the Maharashtra Regional and Town Planning Act, 3 years of age, without
being entitled to education, occupation and non-bailable rights.
As per Appendix One Part Two (A) of the Criminal Law, the
offence of interfering with education for three years and non-bailable offence
is punishable with imprisonment for a term which may extend to three years. In
the case of Ramrao Marutrao Budruk vs. State of Maharashtra, the Bombay High
Court has awarded 3 years imprisonment for the offence punishable under
education without bail on 30 August 1994.
The offence under section 13 of the Maharashtra Ownership
Flat Act 1963 is of criminal nature, as such decision was given by a division
bench of two Justices of the Supreme Court in the case of Sheikh Mohammed
Sandhi versus Builders on 12th February, 1987.
The orders and decisions of the High Court and Supreme Court
are binding on all parties. Now in your illegal construction complaint, please
understand the rights and duties of each department regarding unauthorized
construction. The Revenue Department
In any village, the District Officer, Municipality or
Mahanagar Palika does not start construction work without getting the building
plan approved.
If anyone starts such construction, then such crime is
punishable with the District Magistrate, Gram Sevak or the Police Station
immediately and they are required to report the matter under Section 40(1)(g)
of the Criminal Procedure Code. Every villager has a Talathi and a Gramsevak
present. All this has been ordered by the District Magistrate to take strict
action under Section 40.
A person carrying out unauthorised construction will be
booked under Section 40 of the Prevention of Corruption Act and a person will
be charged for the same. Police Department
Maharashtra Ownership Flat Act Section 13, M.R.T.P. Act Law
Section 52 B.P.M.C. Section 397(1)(a) of the 1949 Act
The offence is punishable with imprisonment for three years
or with fine. The police have the right to immediately arrest the accused for
committing the crime, by creating an objection in their minds, under section 64
of Mumbai Police Act 1951 and section 149, 151 of Criminal Act. Under Section
156, the police have the right to investigate criminal activities.
Power to investigate offences punishable under the Indian
Penal Code or any other law for the time being in force under Section 4(2) of
the Criminal Procedure Act. In 1996, the Maharashtra government had issued
orders to the municipal corporation and police officers to stop illegal
construction or take action against them.
It is the duty of every police to stop interference in
crime. Police officer guilty of dereliction of duty shall be sentenced to 3
months imprisonment under section 145 of Mumbai Police Act. Any public servant
who violates such rules can be prosecuted under Section 166 of the Indian Penal
Code.
One year education is given in the Sadar Police Station.
Action can be taken through Khatya. Therefore, every police officer should take
immediate preventive action against any person found guilty of illegal
construction.
Any person carrying out unauthorised construction should
immediately register his case against the intervening person and get the crime
stopped. Unauthorized construction is dangerous for the lives of the residents,
This decision was given by a two judge bench of the Supreme
Court in the year 1991, Pratibha Com. This case is filed against the Society of
Maharashtra State. If you commit such acts which are dangerous to the society
(Article 142), then the action for making such a bond shall be taken as per
Section 110 of the Criminal Act. The proceedings against filing an illegal
construction complaint are of civil nature,
A person filing such an ignorant complaint is entitled to
get relief after going to the court. This crime is of criminal nature. Police
officers will take special action against those doing unauthorized
construction.
Such unauthorized construction is a La aala busel. Not
providing facilities as per assurance given by the promoter, using false
promises for sale, preparing fabricated maps, making fabricated agreements,
breach of trust in receiving money in advance, etc. sections 420, 406, 467,
468, 471 IPC. Or he would take action based on the facts. Role of Municipal
Officers
The officers and employees of the Municipal Corporation are
public servants and are bound to give information to the police about any
illegal activity as per Section 40(1)(g) of the Criminal Procedure Code. You
immediately informed police station. Dyaavi.
B.P.M.C. Under Section 267(1) of the Act 1949, any person
who starts any construction without lawful use shall be required to give notice
to the designated officer for stopping the work. And under section 267(2) the
police order is issued to take action against such person who has not done so.
The designated officer has the power to take action against
such person through police. Apart from this, under section 397(1)(a) of the Mumbai
Municipal Corporation (Provincial Act, 1949) Act, 1949, if a person who has
carried out illegal construction of any building does not comply with the said
Act after being served a notice by a designated officer of the Municipal
Corporation, then it is a punishable offence punishable with imprisonment for a
term which may extend to three years.
Such person is designated officer at police station lo.k.f.
Get the case registered and get it registered through police at the place of
residence of the concerned criminal. The designated officers are responsible
for criminal proceedings against them if they find the fault of the person.
Role of Inspector General of Registration
Some promoters have started planning for customer benefits.
They print colourful brochures about which home project to start or which
facility is to be provided. There are general facilities offered like swimming
pool, gym, garden, playground, temple, meditation hall, badminton hall, school
etc. But the Mahanagarpalika
or the Rural Area District Magistrate has not provided this
facility in the construction site approved by them, they have not given any
notice to the customers for the construction site flat agreement for the same.
You would have been a fan of customers.
The second rationale behind this is that if the plan for a
four storey building is approved, then it would be necessary to build more
floors than four. It is illegal to register yourself with such approved flat.
In view of this law, three things are actually said while registering the
purchase agreement for the existing flat. One- Criminals who carry out illegal
construction would get encouragement. Secondly, in such criminals' collective
contact and sexual intercourse, the real criminals do not get any
encouragement. The third thing I think is that I am a criminal.
This is a handshake, such understanding is spreading among
the people. The statue of the Notedani department would become dirty. Corruption
is being encouraged, this is the message that is being conveyed.
As per Section 4 of Maharashtra Flat Ownership Act 1963, it
is mandatory to write the agreement for purchase of flat in the prescribed form
and also to get the map of the flat approved by the Municipal Corporation along
with the agreement (Till 318).
Yes, this law is applicable everywhere. Note taking facility
is applicable. The Secondary Registrar does not get the approved map of the
flat registered, rather he gets the map of the flat prepared for registration.
You would get encouragement by making proper presentation of documents.
The Secondary Registrar indirectly participates in the
process of disbursing citizens. The promoter's vision gives him encouragement.
Knowing the promoter, the enthusiasm for the festival increases. As
self-confidence increases, crime increases.
The tendency to carry out unauthorised construction
increases. The agreement for purchase of flat must be registered in Form 5
under Rule 5 of Maharashtra Ownership Flat Rules 1964 with due date. The
promoter has made a fabricated agreement for selling the flat by doing illegal
construction and for creating obstacles for future flat holders.
The said issue is against the law of self and injustice is
being done to the customer and hence an agreement is filed to prove it.
The registration
officer helps in registering such fabricated agreements, this is how it works.
DD of Declaration to be registered under Section 13(2) and (5) of the
Maharashtra Apartment Ownership Act 1970. Floor plan, layout plan, location
plan, apartment number and mapped plan approved by the competent authority
should be registered.
There is a bond with you like this. This process is
mandatory (Tunnel318). It is binding on the second registrant to make an entry
in the Deed of Declaration Form ‘A’ as per clause 2 of the Maharashtra
Apartment Ownership Rules 1972. In Form ‘A’, the valid map of the promoter in
other matters is attached with the declaration of valid map.
The Secondary Registrar violates the legal or mandatory
terms. The flat holders should know that no public servant or any other person
violates the rules of the Secondary Registrar as they would suffer loss.
Such an act is a punishable offence under section 166 of the
Indian Penal Code punishable with one year imprisonment. The Gram Panchayat has
approved the plan of the dam and the purchase agreement for the dam has been
made with the help of the Sadar government.
This order has been issued by the Revenue Commissioner in
the year 2010.
The limits of rural police start outside Pune Police
Commissionerate. The district officials do not get permission for construction
of dam in rural areas The type of construction of multi-storey buildings is
increasing.
Gram Panchayats do not have the right to approve the
construction of dams, approve the drawings and give possession of the land in
full, as per the order of Revenue Commissioner No. 6283/2010 dated 22.12.2010.
There is a lot of evidence of the fact that there is a
shortage of human resources to carry out illegal construction work during the
time of the child and these reasons are being considered. As of now, there are
approximately three thousand police personnel and officers in Pune rural
district and eight to nine thousand police personnel and officers in Pune
Pimpri city.
The Municipal Corporation and the Revenue Department have a
large manpower. The rural police force is under the control of the District
Magistrate.
So, the District Magistrate, Revenue and Police officials
have taken action against one person each through which it is possible to take
action against twenty thousand people. Once again, such illegal action of this
type is not an offence and hence, such action can be taken only through bond.
In this manner, in coordination with Revenue Department,
Police Department, District Council Department, Municipal Corporation
Department and Registration Department, illegal construction complaint will be
filed for criminal action against unauthorized construction.
Apart from this, questions related to transportation,
parking, rules and regulations and management are also addressed. Beautiful and
well planned cities are built here.
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