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Sunday, 20 December 2020

No need of ownership proof for nod to building plan: Punjab and Haryana High Court

Saurabh Malik

Tribune News Service

Chandigarh, December 19

In a judgment that will change the way building plans are sanctioned by the municipal authorities, the Punjab and Haryana High Court has made it clear that a person seeking sanction is not required to prove ownership. He is entitled to repair, renovate or reconstruct the building till the time he continues to be in its possession.

The judgment came in a case where the municipal authorities claimed that the petitioner carried out construction without the building plan's prior sanction and failed to produce evidence to prove his ownership.

It is significant as the municipal authorities at times seek ownership proof and even demand succession certificates in case of a parent-owner's death before sanctioning the building plans. Justice Anil Kshetarpal asserted the counsel for the Municipal Committee concerned failed to draw the court's attention to any requirement of law requiring a person applying for building plan sanction to prove his ownership before it could be approved.

Justice Kshetarpal also made it clear that the officials were expected to act with compassion in case a building had been erected or re-erected without the site plan sanction in the absence of restriction on its construction.

from The Tribune

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