Balraj — Unauthorised construction

Subject: - To initiate Legal Action and prevent illegal, unauthorized construction being carried against the Municipal Bye laws by the owners of the Property bearing number 267-H, B.R.S Nagar, Ludhiana.
Sir,
The applicant Balraj Sahni (House No 268 –H, B.R.S Nagar), do hereby solemnly affirm and declare on oath as under:-
1. That the applicant is a peace loving citizen and member of H block Resident Welfare Association.

2. That the adjoining house of the applicant has been purchased by some Mr. Raju (Fashion King Firm). However inspite of being requested by the applicant the said persons are carrying on illegal and unauthorized construction in the plot/ property bearing number 267-H, B.R.S. Nagar, Ludhiana.

3. That the bare look at the extent of construction being raised in the said property reveals that the owner has no regard for the law. The owner of the said property has no left any space vacant in the front as well at the back, thereby committing non compoundable offences under the P.M.C.Act.

4. That the construction is being carried out by the said person on Ground plus first floor and the second floor. However in stark contradiction to the existing Rules and Regulations as prescribed by the Punjab Municipal Act as well as the bye laws laid down by the Local Bodies and the government, the owners of the property no 267- H have not left the minimum front area on the Ground Floor vacant and even at the back side of the property minimum area to be left vacant and open has been covered in connivance and conspiracy with the officials of the Municipal Corporation Ludhiana.

5. That as per the Ludhiana Municipal Building Byelaws as notified in 2018, as per the clause 4.4.4 which deals with the Residential Plotted development, for a property having Plot Area of above 1000 sq meters, the owner/ builder may extend the construction to the maximum of 40 percent of the Site/ area of the plot. Clearly in the present case, the site coverage done by the owner/ builder is more than 98 percent which is strictly and apparently in contravention of the rules and byelaws.

Also as per the provisions of the byelaws, the owner/ builder of the plot above 1000 sq meters must leave 6.17 meter (around 20 feet) area of the front vacant. However in the present case, the front area left open is nil.

Also as per the provisions of the byelaws, the owner/ builder of the plot above 1000 sq meters must leave 3 meter ( around 9 feet) area of the
Back vacant. However in the present case, the back area left open is just 3
Or 4 feet.

Also the construction being raised by the owner/ builder of the Plot No 267-H is against the Permissible FAR OF 1:1.25.

6. That the owner of the property bearing number 267 H is not raising construction as per the sanctioned plan. The construction that exists on site is different from the plan sanctioned and approved by the Municipal Corporation Ludhiana.

The act and conduct of the owner / builder of the property no 267- H has caused material impairment to the property of the applicant. The right to light and air of the applicant qua his property has been adversely effected on account of the illegal and unauthorized construction being raised by the owner/ builder of the property no 267- H.

7. That attempts of the applicant to put the owner of the property 267-H to reason have met with failure, leaving the applicant no option but to approach your good offices to prevent the illegalities.

The applicant prays that immediate steps be taken to prevent flagrant violation of law by the owner/ builder of the property number 267-H, which is apparently being done at the instance and in connivance and conspiracy with the senior officials of the Municipal Corporation, Ludhiana. It is humbly prayed that necessary and prompt action be taken against the person(s) concerned and the illegal construction be got stopped.

Dated:-

Balraj Sahni 268-H, B.R.S
Nagar, Ludhiana
Mobile:[protected]