Looking for suggestions on land encroachment by builder
Bharat Pasi
(Querist) 24 December 2014
This query is : Resolved
Hello All,
I am looking for the valuable suggestions from you experts on the below issues.
We have a society which possession was started from November 2012 but builder has not yet formed society even when 90% flats are sold and occupied. Every time when we are checking with him, he is giving false commitment and saying it will be formed in next 2 months.
In initial phase of the project he has shown golf course box by putting net and garden in around the golf course net. Same was shown in his all exhibitions, advertisement boards and pamphlets used for sale and that plot is inside the boundary wall of the society. Now from last few months he is saying that plot was not part of this project from beginning and also putting boundary wall from two side inside the earlier boundary wall to cover that plot and saying our internal road from main gate to this plot is submitted as public road.
Apart from above issue he is using common spaces for parking allotment to existing and new buyers and also putting shade to it. Due to this we are losing all open spaces which was promised during sale to us.
Please suggest what action we can take on both the issues, we are trying to form society in non-cooperation mode as builder is not helping to us but again that will take at least 3-4 months period but we want to take some action right now on current issue as group of people/all residents.
Thank you all in advance
ajay sethi
(Expert) 24 December 2014
you can obtain injunction restraining builder from using golf course area for building purposes . the pamphlets/ advertisements in your possession will help you in obtaining stay . you can also move consumer forum to direct builder to form society
Devajyoti Barman
(Expert) 25 December 2014
Filing case for damages and injunction in consumer forum is expected to bear to desired result in most efficacious and expeditious manner.
T. Kalaiselvan, Advocate 
(Expert) 27 December 2014
I too agree with the advises of expert Mr. Ajay Sethi in this regard.
Bharat Pasi
(Querist) 27 December 2014
Thank you all for your expert advice, for stay and case put up which one would be good option from civil court and consumer forum.
sarang joshi
(Expert) 29 December 2014
Dear Mr Bharat Pasi,
1)first seek injuction from civil court.
2)lodge a complaint against builder in consumer redressal forum for deficiency in service.
3)Submit the new project plan before Town planning authority of your Municipality, Municipal corporation or Deputy directer of Town planning. Acknowledge old plan with it. And bring to notice to all these authorities about illegal activities of your builder.
Bharat Pasi
(Querist) 29 December 2014
Thank You so much Mr. Sarang for your valuable suggestion. Also would like to thank Mr. Ajay and other experts for their valuable opinions.
