Legal Question in Wills and Trusts in India

I am fighting for a road link. I am making a claim over the same based on a layout. Govt says there is no such layout citing that the layout I have does not contain Govt seal of approval. But the field map of the area (FMB) corresponds in every aspect with the layout I have. When I mention this official just say 'there is no layout'. My question is: which is first Layout or FMB? If the FMB reflects a layout is that not a proof enough of existence of that layout? Moreoever, they have allowed a party to construct a 3-storey building blocking the road-link spot, with a document that contains an entirely different address, i.e., address in the document does not support the place where the construction has happened. Do I have a case here? Layout No LPDM/DDTP/325/73 S.No. 93/4 Bageerathi Nagar, Madipakkam, Chennai-91, TN.


Asked on 1/21/13, 3:47 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.01.2013

Dear Sir / Madam,

When you have a layout plan which maps one-to-one with the field map of the area, all the approach and connecting roads (length, width, etc.) in the original field map of the area are clearly earmarked and identified when drawn up, in order to avoid any subsequent unauthorized illegal construction thereon. Just blatantly saying that the layout plan does not have the Govt. seal of approval is no excuse. An investigation is warranted.

You certainly do have a case here to take it further to a logical conclusion. To make your case stronger, you have further evidence of the difference in address of the construction, which can easily be construed as illegal and unauthorized. Evoke information as per RTI, and ask the Madipakkam Dy. Municipal Commissioner's Office to provide you with copies of approved and certified plans of the alleged illegal unauthorized construction.

You may also seek the assistance of the Chennai Metropolitan Road Development Authority (CMRDA) (if they are in operation) to expedite action on construction and development of the road link in the layout.

Regards,

FCA Prashant Chavan

Mumbai

(You can mail me for further on-line advice at [email protected])

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Answered on 1/21/13, 8:42 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Mr Chavan

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Answered on 1/22/13, 12:56 am


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