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How to report illegal

construction of buildings

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In this article, Vedant Shadangi of KIIT school of law discusses how to report
instances of illegal construction.

Introduction
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The growth of population day by day has led to an increasing number of
constructions, among them few are legal and a large number can be found to be
illegal. These illegal constructions are made without any proper authority, nor they
have any legal documents of the area to construct. To save their pockets they do not
realize to go through all the necessary registration and hence go on making an illegal
construction. Other main causes of illegal construction are poverty, urbanization and
excess need of housing demands.

Why such construction takes place?

People living in big cities often found housing very costly that why they shift from
one area of a city to a different area where they can find cheap housing facilities and
in process of finding cheap housing they end themselves settling in an illegal
buildings and by doing his not only they put their life in stake rather they put their
families live also on stake.

Reporting an illegal construction

1. If there is an illegal construction then, one can go to the municipal corporation
of the city and can lodge a complaint with the proper procedure.
2. The municipal corporation will send a notice to the residents/owner of the
property.

Process of notice

1. A notice is sent to the person residing in the illegal construction and is given a
time period for reply.
2. The person is also provided sufficient time period by the municipal corporation
for obtaining a stay order from the court.
3. If no action has been done by the owner then the construction is liable for
demolition.
4. The government has also launched an online portal, through which one can file
a complaint against illegal construction.
5. A person can also file a complaint with police and can take help for prevention
of illegal construction. Download Now

Another proper authority

 click above

Municipal corporation tribunal has also been set up for resolving the disputes of
illegal construction in the city. Its process is faster than courts and one can appeal to
the tribunal in the format as prescribed by tribunal rules. For eg. Municipal
corporation of Delhi tribunal will look on the matters of demolition/ceiling order
which comes under the purview of Section 344, 347 and 349 of the MCD Act.

The authority clause ‘Section 336’

The most important section which needs to be understood is section 336, under
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which the Commissioner has the power to give sanction or permission to the
construction under Delhi Municipal Corporation Act 1957, unless such construction
contravenes any of provisions of sub-section 2 of section 336 or the provision of
section 340 and if any person fails to follow the orders will result into severe
consequences [1]

Sub-section 2 states that the grounds on which the sanction of a building or work
may be refused shall be the following, namely:

If the building or work or the use of the site for the building or work or any of
the particulars comprised in the site plan, ground plan, elevation, section or
specification if fails to abide by the provisions of any bye-law made in this
behalf or of any other law or rule, bye-law or order made under such other law.

That the notice of sanction does not contain the particulars or is not prepared in
accordance with the laws made in this behalf.

That any information or documents required by the Commissioner under this

Act or any bye-laws made thereunder have or have not been duly furnished.

That in cases falling under section 312, layout plans have not been sanctioned in
accordance with section 313.

that the building or work should have an encroachment on Government land or

land vested in the Corporation.

that the site of the building or work does not about on a street or projected
street and that there is no access to such building or work from any such street
by a passage or path-way appertaining to such site.

The Commissioner will then communicate the sanction to the person who has given
the notice, and where he refuses sanction on any of the grounds specified in sub-
section (2) or under section 340 then he will record a brief statement of his reasons
for such refusal and communicate the refusal along with the reasons therefor to the
person who has given the notice.

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 click on the image

The sanction or refusal as aforesaid should be communicated in the manner as stated

by the bye-laws made in this behalf.

Evidence required for a valid complaint

Mere complaining of an illegal construction will lead you nowhere unless it is backed
by some proof, there are certain requirements for reporting a complaint.

1. One has to provide name, house, aadhar number and photo-id.

2. Documents need to be given to the municipal corporation as an evidence and
validating the authenticity of complaint.
3. Necessary other information to be given to municipal corporation relating to the
illegal construction.

These requirements are necessary and are taken as a measurement for prevention of
false or bogus complaint, and filing only those complains who has a proper reason to
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report and has necessary evidence, the municipal corporation verifies the documents
and then enters the complaint into the file.

Format of a complaint letter

To,

Municipal Corporation of (eg.Delhi)

(Address where unauthorized construction is going on),

(eg.Delhi) – (pin code)

Sub:- Complaint Regarding Unauthorized Construction.

Respected Sir,

I need to bring this information to your notice that unauthorised construction at ________near_________ New Delhi (pin

code) is being carried out without any MCD permission because of construction we are not able to sleep at night

because the work is being carried out at night also sir, please check out the solution of this problem as construction is

being carried in an unauthorised way.

Yours Faithfully

[name of the complainer]

Checking legality of the property

Before proceeding towards any property one must ensure himself that the property
he is checking is legal or not, and in order to know there are certain ways by which
one can ascertain that.

1. The first and foremost point is checking the title papers of the property the title
will show the legal owner Download
of the property.
Now
 2. The second big thing to be noted is a bank approval. There is always a bank
approval for legal clearance of the property documents.
3. Mortgage if any, against the property, must be checked with all legal documents.
4. Before proceeding towards any property one must always ask for the sanctioned
plan from the builder and should compare it with the actual plan this is done to
check if any construction has been made not in accordance with the actual plan.
5. Encumbrance certificate can be issued by sub-registrar office because it is a
proof of free ownership and also certifies that the property is free from any legal
dues or mortgage.

Result
Illegal construction not only blocks the land  in an illegal manner but also becomes a
threat of life for the people living out there, like if an area is declared as a green zone
and is not fit for any construction and if any construction is been made there then
there can be collapsing of building and loosing of lives. These generally happen
because the soil is not appropriate for construction and just in order to build
apartments and house people anyhow starts their constructions.

India is currently facing a huge traffic problem, and among various different causes,
the main cause which arises here is illegal construction, by having houses beside the
road and construction of houses beyond the permissible area not only makes the
roads smaller but also results in blocking roads for vehicles thus resulting in traffic.

The municipal authority although has a mechanism for preventing illegal

construction, but should come up with such counter-attack plans for this people, that
they find it hard to create an escape plan and neither can mislead any law by any
unfair means and hence do their construction only by legal means.

In order to register a complaint of illegal

construction, one can reach out to these delegated
persons
In order to register a complaint one can reach out to these delegated persons.
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Hyderabad

Greater Hyderabad Municipal Corporation – http://www.ghmc.gov.in/#               

Address – CC Complex Tank Bund Road, Lower Tank Bund, Hyderabad: 500063

Website: www.ghmc.gov.in,

Helpline:21111111, Phone No.040-23225397.

Mayor -Sri. Bonthu Rammohan

Contact – 040-23262266, 040-23227958

Email-id.- mayor.ghmc@gov.in

Commissioner – Sri. Dr.B.Janardhan Reddy, IAS.

Contact – 040-23224564

Email-id, – commissioner-ghmc@gov

Delhi

Municipal Corporation of Delhi – http://www.mcdonline.gov.in

Address –  G-1, Shiv Mandir Marg, Block G, Lajpat Nagar I, Jal Vihar, New Delhi, Delhi 110024

Contact – 084487 22051         

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 Mayor – Mrs. Preeti Aggarwal (North Delhi)

Contact – 011-23228301

Email-id. – mayor-ndmc@mcd.gov.in

Commissioner –   Amulya Patnaik

Contact – 23490201, 23319661

Email-id. – cp.amulyapatnaik@delhipolice.gov.in

Bengaluru

Bengaluru – Municipal Corporation of Bengaluru – http://bbmp.gov.in/home

Address – BBMP Head office, Corporation circle,Hudson Circle,Bangalore-560002

Contact –  22221188

Mayor – Sri. R Sampath Raj

Contact – 080-22975501

Email-id. – mayorbengaluru@gmail.com

Commissioner – T. Suneel Kumar

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Contact –  080 22942222, 080 22943322
 Email-id. – compolbcp@ksp.gov.in

Mumbai

Mumbai – Municipal corporation of Mumbai – http://www.mcgm.gov.in/irj/portal/anonymous

Address – Near Dr B.A. Road , Chinchpokli East, Anant Ganpat Pawar Road, Ghodapdeo, Byculla East, Mazgaon, Mumbai,

Maharashtra 400027

Mayor –  Vishwanath Mahadeshwar

Contact – 9322257751

Commissioner – Dattatray Padsalgikar

Contact – 22620826, 22613552

Email-id. – cp.mumbai@mahapolice.gov.in

Kolkata

Kolkata –  Municipal corporation of Kolkata –  https://www.kmcgov.in/KMCPortal/jsp/KMCPortalHome1.jsp

Address – 5, S.N.Banerjee Road,Kolkata 700 013.

Contact – +91 33 2286-1000

Mayor – Sri Sovan Chatterjee, MLA Mayor.

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Contact – 033-22861211.
 Commissioner – Sri Khalil Ahmed, IAS Commissioner

Email-id. –  mc@kmcgov.in

Contact – 033-22861234

Chennai

Municipal corporation of Chennai –http://www.chennaicorporation.gov.in/

Address – 5, Anderson Road, Chinna Chembarambakkam, Ayanavaram, Chennai, Tamil Nadu 600023

Mayor – Shri Saidai Duraisamy Mayor

Email-id. – mayor@chennaicorporation.gov.in

Contact – 044-25381328

Commissioner -Dr. D. Karthikeyan I.A.S.

Email-id. – commissioner@chennaicorporation. gov.in

Contact – 044-25381330

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References

[1]http://lawmin.nic.in/ld/P-ACT/1957/A1957-66.pdf

https://timesofindia.indiatimes.com/city/mumbai/Want-to-complain-about-illegal-
buildings-BMC-wants-evidence/articleshow/26488022.cms

https://www.quora.com/How-do-I-report-illegal-construction-work

http://www.livemint.com/Money/vGwO6ejDP4PKIPTAEP9CLP/Four-ways-to-check-
whether-property-is-legal.html

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Vedant :

View Comments (5)

Gauri Shekhar says: March 4, 2018 at 8:51 pm

Thank you for mentioning the contact details for complaining against the illegal construction.
There is an illegal construction going on nearby my locality. Definitely, the article will help me
in some ways to stop them. It will great if you mention where should I contact for such
incidence in Jaipur? Need help lineDownload
numbers for jaipur, Rajasthan.
Now
asha rani says: July 30, 2018 at 12:55 pm

i need to bring into your notice that unothorised construction being carried out into our area
people are constructing places woit illigal way at night they creat disturbances and people could
nt sleep properly government had issued number of notices and impose penalty on them but
they dont bother about any rules and regulations they give challenges no body could stop illigal
constructions government should take stringent step against these the construction of illigal
structures

Fayaz says: October 1, 2018 at 2:20 am

Can we file a complaint after people start living in that newly constructed house .

Anil Kumar says: May 7, 2019 at 8:56 am

Extremely illegal construction in B-38/7&8 THIRD FLOOR WITH ROOF DOUBLE STOREY
RAMESH NAGAR NEW DELHI-110015
POLICE AND MCD TAKING NO ACTION

Arvind tatyasaheb koli says: September 18, 2019 at 11:34 am

Sir in dehuroad vikasnagar pune, your staff had taken action on illegal construction of Mr.
Tukaram rade, but he has no fear of your action and laws.he has started his constitution again,
callenging your hole system. How such people's can be go against your rules and regulation, I
may know will you take action or not, and other people side by this construction are facing
many Problems such as no road to them, and in emergency case there is way to euvecate.

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