Construction of office building in car park area of apartment

This query is : Resolved 

05 May 2015

In an Apartment, the Association with the approval of its Governing Body constructs an office building. Some of the owners are opposing the construction as it will curtail the free movement of cars and people in the car park slots. I request to clarify whether the construction of office in the car park area is legally accepted? or the local body will order for any demolition? if so, who will bear the cost of demolition-The active office bearers who supported the construction or the Executive Committee members who voted for the construction or the Governing Council of the Apartment owners Association?

T. Kalaiselvan, Advocate (Expert)
05 May 2015

If the construction is in violation to the existing rules, it would be considered as illegal, if the association EC members do not listen to the members grievances on this aspect, the Corporation authorities may be approached with a complaint about the propose or constructed building which is in violation to the approved plan. a notice also may issued to the body of the association who is not willing to listen to the members opinion in the association meeting where it was resolved to go ahead with the construction having detrimental effects to the inhabitants of the premises.

ajay sethi (Expert)
06 May 2015

apply for muncipal corporation for sanction of building plans . only then carry out construction. if it is carried out in contravention of sanctioned plans it would be demolished

Rajendra K Goyal (Expert)
06 May 2015

If it is unapproved construction, lodge complaint with the municipal corporation.

Dr J C Vashista (Expert)
06 May 2015

Is it part of approved plan? Consult a local lawyer.

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