Deviation form plan
ChandanLawyersclub
(Querist) 11 April 2015
This query is : Resolved
Dear Experts,
We are small association of 28 flats in Bangalore, project in now in ready to move stage. When builder sold us , he told us about some deviations in building , which are in limit at the time of booking.
this is a joint development between land owner and builder , they have 50%- 50% share.
Now both builder and owner has constructed a office space of 400 sq ft( UDS( un divided share, 100sq ft) in parking area. Without informing to us. He has registered also in their names.
They are telling apartment has 4 surplus parking, they either need to sell or make office. No one bought additional parking( rs 4L per carpark additional) so they are constructing office.
He has divided all land in UDS and given to each flat as per size, but from each flat he has take 1-2 sqft without telling us.
1. How he can take 1-2 sq ft from our UDS.
2. By this additional office structure, deviation of building is going more, which is not accepted to us. What are legal remedy for us, we want him to demolish the office what he has build in parking area.
3.When entire land area is distributed as UDS how additional car parking can come on builder name? If any car parking area is left separately, it should be handed over to association.
He is giving us logic since land owner is not going to sell 3 flats, his UDS will go down by 100Sq ft and same they registered for office.
We have called both of them for meeting and they are avoiding us now. In case we need to take legal steps, what is the procedure?
Regards
Chandra
T. Kalaiselvan, Advocate
(Expert) 16 April 2015
The society has to take proper action in it if the UDS is found to be illegally utilised by the owner by issuing him with a legal notice first and then filing a suit for mandatory injunction and removal of unauthorised structure in the space meant for parking.
