Alienation of watchman room in apartment complex
T SANKAR RAO
(Querist) 28 January 2015
This query is : Resolved
Dear Sirs,
Please advise me in the following issue:
Place: Hyderabad, Telangana State
The Builder after taking GPA and Development Agreement from the land owner in October 1977 obtained permission from the Municipality for construction of Ground and First Floor Building for 2 flats on ground floor (stilt)and 2 flats on First Floor. But, He constructed 2 flats each on Second and Third Floors and a SMALL ROOM with toilet which is supposed to be for watchman.
He obtained Regularisation Proceedings from the Municipality for the Building in April, 1998. The 2 flats on the ground floor have been given away to the land owner as per agreement and sold the 6 flats to buyers. The small room with toilet which is supposed to be for watchman has also been sold away by the Builder. The buyer of this SMALL ROOM has got assigned Property Tax Number and paying tax since then.
The residents formed into an Association which is registered in 2007. The residents including me are suffering a lot for non-availability of watchman for services and security. There is no space at all for raising any structure on the land.
Now, it is felt that the builder has violated the rule of providing watchman room for the Apartment Complex and committed an offence by alienating the SMALL room constructed which is supposed to be meant for watchman.
Now, the question is whether the residents have a right to get the Regulariasation Proceedings of April, 1998 sqashed and the watchman room is restored and the present occupant of this SMALL Room evicted by making his sale deed invalid.
Please advise. Thanking you,
Dr J C Vashista
(Expert) 28 January 2015
Why were you all sleeping since the year 1998 (even earlier when sale transaction of the watchman room with toilet was sold out)?
Issue legal notice to MC Hyd with the buyer and builder (if you can trace out) for cancellation of sanction obtained by builder committing fraud and forgery with authorities, landlord, buyer and association.
Engage and consult local lawyer for proceeding in a professional manner.
T SANKAR RAO
(Querist) 29 January 2015
Thank you very much Sir.
