Can builder sell swiming pool wich is part of scheme ?

Adv.Subodh Ghate (Querist) 04 December 2009 This query is : Resolved
Builder want to sell swiming pool wich is a part of scheme he want to demolish it and construct new building there, so can buildre do such and is there any provision for such act in Maharashtra Ownership Act.1963

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N RAMESH. (Expert) 04 December 2009
If the swimingpool is shown as common area or allotted for community purpose, then it can be altered or sold by the builder. The act of the builder can be challenged by the residents with the assistance of local authority.

Raj Kumar Makkad (Expert) 04 December 2009
The common space which is part of scheme cannot be demolished and be used in his personal purpose by such builder and you all residents have civl right to seek stay order from civil court in this matter.

pawan sharma (Expert) 14 December 2009
The aria which is shown common in the lay out plans'can not be sale out and demolished. You can file civil suit against him for seek remady as STAY on the said pool from civil courtu/order 39 rule 1 CPC.

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