Liability of Builders who sell unauthorised construction and govt which allow it to come up #Law #India

There are laws for town planning and building regulations.

These laws normally provides that a "Clearance Certificate for permission to live" will not be given to builder, unless it is verified by a competent government servant that all regulations are followed.

But suppose a builder violates the rules.

He also does not go to Government officer for clearance certificate.

Then he sells such constructions to customer who buy it without insisting on clearance certificate.


Then what?


The laws are not clear here. The laws does not say what punishment will be given to those

1) Who construct illegally
2) Who sell without clearance certificate and
3) Who buy without such clearance
4) Who live in unauthorised construction
5) Area Inspector and Police Inspector who allowed unauthorised construction to come up in their area.

The Laws are also not clear on Who will be Area Inspector or police inspector who can be held responsible if such construction comes up in his area.

Law making is faulty in these areas.

There are Laws of Tort under which damages can be claimed. But these are time consuming and are hardly any relief to poor citizens who become roofless overnight.


Haresh Raichura
12/11/13