NOTICE TO THE MUNICIPAL CORPORATION ABOUT BUILDING PLANS

HARSHAD E. AVHAD,                                           16/1 Siddharth Chambers
B. Sc. (Hons); LL. M.,                                                Erandwana, Karve Road, ADVOCATE.                         Phone: 2555555
Dated:12Oct2005

NOTICE
(REGISTERED A.D.)

To,
(1)  The Municipal Commissioner, Pune Municipal Corporation, Shivajinagar, PUNE 411 005.
(2)  The City Engineer,
Pune Municipal Corporation, Shivajinagar, PUNE 411 005.
Sirs,
Under instructions from and on behalf of my clients, (1) Shri BNN, (2) Shri DNN and (3) Shri PNN, of 300 Guruwar Peth, Pune 411002, I have to address you as follows:
1. That my clients had submitted to you construction plans with necessary drawings and applications  for constructing a multi-storeyed building on their property bearing CTS No.   300 Guruwar Peth, Pune, and, accordingly, the plans were sanctioned, and the Corporation had also given the commencement certificate bearing No. 2010, dated........, and my clients were accordingly allowed to construct on the said property a six-storeyed building as per the plans.

2. That my clients had long back started the work of construction, and on........, the Architect of my clients, Shri PHD, had requested the Assistant City Engineer (BC) of the Corporation to verify the part plinth level and accord the clearance for the said work and further construction. However, instead of doing so as per the rules, the Assistant City Engineer, Pune Municipal Corporation, by his outward No. PB-100, dated............informed the architect of my clients that the construction should immediately be stopped and that the plinth completion cannot be given. By the said letter, my clients have also been called upon to explain as to why the construction work has been commenced by my clients on the said property in view of the letters outward Nos. PB-105 and PB-107, both dated............and the said letters have been received by the architect of my clients on ..........and this reply includes the reply to the said letters also.

3. That, however, the letters referred to above by your said Department do not specify any particular reason or ground for requiring the revision of the said drawings. On the contrary, my clients had specifically informed your authorities that they have started the work of construction within the required period, and therefore, there was no question of expiry of the construction permission. However, by your letter, dated........the Assistant City Engineer (BC) had disputed my clients' claim about the work.   However, the Architect of my clients, Shri PHD, by his letter, dated......had made it clear that the interpretation of the authorities as to the meaning of the commencement of the work is erroneous.

4. That the Architect of my clients had further submitted that the work done by my clients amounted to the commencement of work, and your authorities in other cases also had accepted the said position. However, the authorities had not cared to clarify the said position, and now, without assigning any reason, you had been restraining my clients from carrying out the work, which they are entitled to do in accordance with the rules and regulations in force, and, hence, your said communication is totally illegal and bad in law.

5. That it is incumbent upon you to specify the particular rules and particular grounds on which you can require my clients to stop the work.

6. That you are, therefore, hereby called upon to immediately communicate to my clients that you have withdrawn the said notice.

7. That under the Provincial Municipal Act, it is incumbent upon you to check and verify the plinth as and when called upon you to give a clearance certificate to the citizens, and your denial to do so itself is illegal. Therefore, please verify and check the plinth and give necessary clearance to my clients.

8. That if the Corporation authorities fail to withdraw the said notice and to verify and give clearance to the said plinth, my clients, after the expiry of the statutory period of this notice, would be constrained to file a legal action against you, which please note.
               
               Yours faithfully,
[Harshad E. AVHAD]
     ADVOCATE