In the event you are keen on purchasing the property, you may try to file an application in the municipal corporation to have the floor/ property regularized from the corporation
A building was constructed in 2013. There is no sanction plan for one particular floor already constructed in the same year. This unsanctioned floor, however, has a registered sale deed. It’s a freehold property. Can the municipality break the floor, or can I take permission or an no-objection certificate from the municipality? This one-room studio apartment is the only unsanctioned flat on the ground floor of my building of three floors. What can be the possible solution to this avoid any problems in future?
First, with the limited facts provided by you, we do not understand if you are the owner of such property or you intend to purchase the property. Assuming you intend to purchase the same, it is best to avoid buying the one-room studio apartment, which is unsanctioned by the municipal corporation and, thus, illegally constructed, to avoid complications in future. We understand that although it may be bought and sold at comparatively lower than the prevailing market rates, there is a high risk element to it as the apartment may be demolished at any time by the municipal corporation, either suo motu, or if any person files a complaint with the municipal corporation or court.
In the event you are keen on purchasing the property, you may try to file an application in the municipal corporation to have the floor/ property regularized from the corporation which may be granted to you, provided that there are no other violations to it, such as FSI, or floor space index, violation, etc., and the same are subject to payment of charges, penalties as may be levied by the appropriate authorities.
Aradhana Bhansali is a partner, Rajani Associates.