No Action From Nmc After Giving Notice, Real Estate News, ET RealEstate

June 23, 2023

NAGPUR: The Nagpur Municipal Corporation (NMC) Dharampeth zone has gone silent after seeking documents and taken no action against a builder under the Maharashtra Regional and Town Planning (MRTP) Act for commencing construction of a commercial structure without getting building plan sanctioned.

Earlier in a similar case, TOI had reported about how officials of NMC’s Ashi Nagar zone took no further action after issuing notice to unauthorized constructions, directing the builder or plot owner to submit documents of permissions.

It is mandatory for zone officials to take action under the MRTP Act in case the building lacks mandatory permissions. A notice is served under section 53 and 54 of MRTP Act. FIR is registered under section 52 of MRTP Act followed by penalty levied on a daily basis.

Officials of NMC Ashi Nagar Zone had issued notice to a banquet hall, lawn, lodge, restaurant etc on two occasions in a decade. Later, taking cognizance of TOI reports, senior NMC officials intervened and zone officials slapped notice under the MRTP Act.

In the matter under Dharampeth zone, the builder Bhagirath Realty Private Ltd had started construction of commercial building on a sprawling 40,000 sq ft plot in Civil Lines few months ago without any building plan sanction. Only after a complaint, NMC Dharampeth zone had issued notice on June 12 demanding documents within three days.

Already, the transfer of possession of the plot from the Nag Vidarbha Chamber of Commerce (NVCC) to another company is part of the investigation being done by the administrator appointed by the National Company Law Tribunal on NVCC. The registrar of companies (RoC) too is conducting an inquiry into a matter pertaining to the plot.

On June 14, NMC town planning department issued notice confirming that Bhagirath Realty Private Ltd did not have any building plan sanction and is liable for action under section 52, 53 and 54 of MRTP Act. The copy of the notice was also sent to Dharampeth zone. The department too has gone silent after the notice.

An official of NMC Dharampeth zone said, “Engineer is studying whether action can be taken for commencing just digging works.”

As per notice of town planning department, the builder had done digging up to 20 feet. “Definition of construction/development is clearly mentioned in unified development control and promotion regulations (UDCPR). Digging at the plot means construction/development. No construction is allowed without building plan sanction. Verification of records makes it clear that no building plan sanction was obtained. Therefore, you are liable for action under section 52, 53 and 54 of MRTP Act,” the department had stated.

When TOI visited the spot, there was cement concrete construction for boundary wall and flooring of sprawling basement floor. Also, tins have been erected on retaining wall of nullah.

Social activist Suraj Lolage alleged that it is a clear case of irregularity. “A big scam will come to fore in case a list of notices issued by NMC and action taken is prepared,” he said.

  • Published On Jun 20, 2023 at 05:00 PM IST

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