Builder selling property bfore lease deed & sanction plan

Gagan Saini (Querist) 21 February 2019 This query is : Resolved
Dear Sir,

Please advise under what section a case can be filed if

1) A builder had started selling flats in a Residential apartment project where Lease Deed is not signed.
2) Sanction Plan are not approved.
3) Builder had doubled the height of the building which was approved till 5 floor and made it 10 storied.
4) Have not taken Fire Safety NOC before started construction.
5) Reduced the Block to Block distance
6) Reduced the Setback from Boundary wall.
7) Reduced the internal road width.

Can Approving authority be also booked for not taking action against the builder?
Can Banks be booked for disbursing loan in full amount to Builder on these illegal construction, where Banks have charged legal and technical verification fee to the Home buyers.

Please give your expert advice, shall be highly grateful to you.

Best Regards,

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Guest (Expert) 21 February 2019
First file a complaint thro RTI to the concerned Approval Authorities of concerned place.

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Guest (Expert) 21 February 2019
File a Complaint in detail to the Senior Authorities of concerned Banks

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Guest (Expert) 21 February 2019
After filing these two complaints you could wait for 30 working days. Basing on the reply or no reply you could proceed legally and you could mention about various incidents like fire accidents etc which had occurred on illegal constructions which you could down load from web sites

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Gagan Saini (Querist) 21 February 2019
thanks Sir,

This project is partially given for occupancy, we have sent the authority notice under section 197 and they have not replied on that, have sent notice to bank as well but they have also not responded.... filed complaint under section 156/3 for police inaction, the case is under process and NBW issued against Builder but Authorities and Financial institutions are not summoned till now, we have made made all three parties in the case Builder, Authorities for collusion and Financial institution for funding on illegal unapproved construction.... RTI's are also attached... now if the builder is arrested and judgement is passed against builder... how can we take up the matter against Authority and Financial institution in court....

Guest (Expert) 21 February 2019
Let the Builder get arrested first

Guest (Expert) 21 February 2019
Then if the Plan was sanctioned by the concerned authorities you could file a petition in the same suit to include /implead the approval authorities in the same case

Guest (Expert) 21 February 2019
As far as the Banks which had sanctioned the loan to un approved buildings you could complain to their head office Chairman level