Author-Varshitha Rayala, [University College of Law, Osmania university]
Taking note of rampant violations by real estate developers the Supreme Court has ordered that the developer should mandatorily display sanction plan/layout plans at the site itself.
Developer: A construction developer is an individual or organisation involved in the procurement of land and construction of buildings on that land.
Sanction Plan: To build or renovate, a landowner or developer has to approach the civic authority concerned and get an approval for the plan. After an approval is granted, this building plan becomes a sanctioned plan and the owner has the right to go ahead with the construction.
It is mandatory for the landowner or developer to strictly follow the sanctioned plan. In case of any compliance, the authorities have the right to penalise the owner, including by demolishing the building. According to Real Estate (Regulation and Development Act, 2016), a sanctioned plan covers approval to structural designs and may also include environment clearances by a competent authority.
Unauthorised constructions not only deface land parcels but also under revenue generation for government authorities. For instance, some flat owners extend their balconies or garden beyond their rightful space. This is actually illegal.
Layout Plan: It shows a scale bar or a measured dimension, the proposed development of all existing buildings and structures, the garden and other open areas. It is prepared by contractors as part of their mobilisation activities before work on site commences. They are a crucial part of construction management, as sites can be very complex places involving the coordination and movement of large quantities of materials as well as high-value products, plant and people.
Case Name : Ferani Hotels Pvt. Ltd Vs. State Information Commission
The Supreme Court dismissed an appeal of a Mumbai developer to block information sought from Greater Mumbai Corporation under the RTI Act (RTI) on sanctioned plans of his construction in Mumbai. It dubbed the appeal and the court cases as a legal misadventure and imposed Rs. 2.5 lakh payable to Nusli Sadia, an administrator ( a person legally appointed to manage and dispose of the estate of a deceased person, debtor or insolvent company) of the estate of late E.F Dinshaw.
After failing to block the information in the High Court, developers Ferani Hotels Private Ltd had moved S.C to prevent Information sought by Sadia from Greater Mumbai Corporation. The bench comprising Justice Kurian Joseph and Justice Sanjay Kishan held that the developer should mandatorily display the sanctioned plans as required under RERA.
