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  • Category: Indian Law

    Temporary structure on avas vikas land , meerut


    Wondering how to respond to queries from avas vikas for a land you own? Searching for advice here? No worries, scroll through this Ask Expert and get answers to your question here.

    A temporary structure is built on my land ( I fully own the land ) from 2016 (a wooden and tin structure ) which is a car service center . Avas vikas, under which land comes has now raised raised an objection (in 2021) and is asking for permission letter from avas vikas. Since it was a temporary structure, no permission was taken while it was built.
    Please help.
  • Answers

    4 Answers found.
  • As per your query, you have a temporary structure built on your land on which you are running a car service centre.

    As per U.P. Housing and Development Board Regulations, you need permission for a building made of any construction material which is used for human habitation or not and that include foundation, plinth , walls, floors, roofs and other structure. A temporary structure (portable structure) do not need a permission which is put up for a period of less than 10 days.

    But your car service centre which is made of wooden and tin structure and running since 2016. So It will be considered as a building and I think for this you must have obtained a permission from Avas Vikas as per State Law.

    As per the Regulation, No person can erect, re-erect, alter the building in the area notified by the Avas Vikas without the prior permission from the Avas Vikas . For this you need a permission and must apply to the Authority in the prescribed form available at their website.

  • You have a car service centre on this plot and it would not be considered as a temporary structure. It is a running commercial structure so the authorities will ask for the permission for erecting it. There are some rules and regulations of Avas Vikas as per which one has to abide by the procedure laid down by it in the matter. These rules are as per the Uttar Pradesh (regulation of building operations) rules, 1985.

    You can still apply for the development plan that is in your mind for your car centre and give an application to the Avas Vikas for the same and give some logic that why you had not asked for it earlier quoting that you were not aware of the rules and regulations in the matter. Once they give the approval then you can run your car centre without any problem. There is a standard form for applying for it and you have to attach the layout plan of your service centre with it.

    I would suggest you to cooperate with the authorities and request them for the early regularisation of your present construction. Meet their senior person and definitely he would help you.

    Knowledge is power.

  • Any structure which is there for so many years and is being used for some commercial activity or the residential purpose will be treated as a permanent construction only. We have a piece of land in our native place and we have a plan to construct houses in that land. We thought first we should construct a compound wall which is temporary nature and asked the concerned authorities. They said before we start that fencing work also we should take permission from Gram Panchayat. So we have taken permission and gone headed.
    In legal terms, your set up will not come under temporary set up. So you should obtain permission. You need not worry and immediately you go and apply for a permit and pay the fee as required. You meet the concerned officers and tell them the whole issue and ask them the procedure you have to adopt. In some state there BRS scheme that is Building Regularisation Scheme. As per this by collecting some penalty, they will permit the existing constructions and you can pay the tax. If that scheme is not there you have to apply your plan and get it approved and then pay the tax. Meanwhile, you continue your work in the existing facility. Once you start responding positively the authorities will not take any destructive actions.

    drrao
    always confident

  • You are running your car service centre under the development authority Meerut since 2016 but no formal permission was procured from the authorities keeping a wrong impression that your erections need no approval. However, it was a lapse on your part of running a car service centre without the approval of the authorities. You need to take up the following steps so as to get final approval from the authorities-
    1) Talk to the appropriate authorities to be familiar with the existing rules of Avas Vikas Yojana situated in Meerut and apprise them of your ignorance that a permission was needed for the temporary structures.
    2) If you could get a help from your local MLA or any powerful man of your area to convince the authorities, it will expedite your case of resettlement which would go in your favour.
    3) Fill up the standard form issued by the scheme and attach all the papers required for the final approval of the scheme.
    4) Pay the penalty as discussed by the authorities for your lapses apart from other taxes applicable in the regularisation of your case.


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