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Civil Lawyers
01-10-2024

Hi, I submitted a permit proposal for the construction of a compound wall on my land to the panchayat. After verification, they suggested three changes to the permit. I addressed these changes and resubmitted the permit proposal. However, it has now been three months, and the panchayat has not yet approved my permit. When I inquire about the status, they provide vague explanations. What I do

•Answers Posted by Experts
Response 1.

ANS- 1) As you have addressed these changes and resubmitted the permit proposal & the panchayat has not yet approved my permit ask them the reason in writing & then send it through speed post 

 2) Other way is that you can escalate the matter to the circle officer or the Talathi

3) Maximum days for a reply is 15 days also u can move an RTI

Anish Palkar
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Response 2.

Dear Sir, In many local Municipal Acts there is deemed provision that if permission is not given within 90 days or so then it will be deemed that they have not objection for the proposed construction plan. Or you may approach higher officers in appeal or to the High Court.

Kishan Dutt
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Response 3.

Dear Client, As per your query, under Section 6 of the Right to Information Act, 2005, you could first apply requesting the status of your application and reasons for the delay. Where in case no response is satisfactory, escalate by filing a formal complaint with the District Panchayat Officer under the relevant Panchayati Raj Act. You could also file a notice for administrative failure on the ground that Panchayat has failed to take action within reasonable time frame citing the principles of natural justice. Last but not the least, in case no action is taken, you could file a Writ of Mandamus under Article 226 of the Constitution of India to compel Panchayat process to accept your application within a given timeframe. Hope this answers you query.

Advocate Anik
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