Legal Question in Real Estate Law in India
Huts
I' am a resident of Secunderabad. I have purchased a 200 sq. yard plot and constrcuted a small decent house 1 year back. Our colony is a decent and calm colony.
Recently, a plot owner who owns a 120 sq yard piece of land behind our house, had given his land on rent to some huts. The huts dont have a bathroom, no water supply, no electricity supply. It is becoming very inconvenient to us and unhygienic also. in this regard, I want to ask 3 questions to you all experts:
My question:
# 1 Can the Plot owner give the land on rent for HUTS in the first case because it is a decent colony and not a slum?
# 2 If YES for Question # 1, does the plot owner who has given the land for rent, legally obliged to give water, electricity and sanitary connections before alloting the land on rent?
# 3: Maximum for how many people can he give the land for huts?
Please respond as soon as possible.
2 Answers from Attorneys
Re: Huts
(1) yes, he can use his property as he may wish subject to compliance with all laws;
(2) The conditions of lease will depend upon local laws; if the law permits lease of land without amenities, the leasing will be legal.
(3) There may be no limit on his right to permit the number of tenants.
Re: Huts
Permission for any kind of construction is mandatory. This is true for huts also.
While granting permission, municipal authorities ensure proper sanitation facilities, water supply etc.
From your question, it appears that huts were constructed/put-up without proper permission from municipal authorities and appears to be illegal.
You can approach municipal authorities for demolition of illegal huts.
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