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Mahima   25 June 2015

Security and safety - URGENT

Dear Property Lawyers,

 

I live in a DDA flat in Delhi. It is a 3rd floor flat/the top most flat of the building. As it is the only flat on the floor and the flat below on the 2nd floor is a duplex (on the left side) whose upper part of the duplex's structural/outside wall is connected with our walls like on all the other floors. We had purchased a top floor as it is almost like a private floor with only the outside floors of the duplex merging with our walls. For security purpose we had built a gate before the start of our staircase so keep it locked in the evening for safety. The keys are with both the terrace owners the left terrace is of the duplex flat owners and the right terrace is ours. Now the duplex owners want to break the wall just besides our wall (as on other floors) which is not done by DDA or is under the DDA structure. They want to divide the 2 floors of their duplex and want to give the upper part on rent. They would break the wall make a door for exit and entry. I am in doubt is this allowed? Is it safe to break a pre-constructed wall which is attached with our kitchen and hall? Won't it damage the structure? A DDA architects approval is needed or not? There has always been one flat on the top floor constructed by DDA. IS this even allowed legally? The construction of the colony is of early 80's. I am really scared for the security of the people of my house too (as top floor owners we never thought we could have tenants beside our flat).

 

Please, please guide. It is really urgent. Thanking you in advance.



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 5 Replies

H.JanakiManohar Rao (lawyer)     26 June 2015

You obtain approved plan from DDA.If there is any deviaton from the plan you issue notice to them not to deviate from the approved plan which is illegal.If they proceed further you approach the proper court for justice.

H.JanakiManohar Rao (lawyer)     26 June 2015

You obtain approved plan from DDA.If there is any deviaton from the plan you issue notice to them not to deviate from the approved plan which is illegal.If they proceed further you approach the proper court for justice.

Dr J C Vashista (Advocate)     26 June 2015

The roof and passage to roof is part of "common area" and neither you nor any one else can stop its usage.

It is not your or others exclusive right besides the fact that your flat is on the top floor of the building.

Mahima   26 June 2015

Thank you so much for your reply! I am really greatful for your help. :)

Regarding the terrace rights I came accross a few forums and a news piece https://articles.economictimes.indiatimes.com/2013-01-06/news/36173886_1_third-floor-structural-safety-municipal-corporation

But the question here is not about the roof rights but about breaking a wall of the building and putting a door there which is connected to other flats? Is thaat structurally safe? or any way is it allowed to break an outer wall of almost 10 inches thickness made by DDA?  

Dr J C Vashista (Advocate)     28 June 2015

Breaking a wall and putting a gate is an encroachment which is illegal and unauthorised.

Intimate MCD, DDA, your area SHO/DCP and RWA in writing and it should be followed by a writ petition or a suit for permanent and mandatory injunction.


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