Unauthorised construction
Querist :
Anonymous
(Querist) 13 July 2011
This query is : Resolved
Dear Sir, I am a serving army officer and presently posted in a different country. I have a flat in the ground floor in a block of four flats allotted to me by army welfare housing organisation. As per rules of the organisation and our written undertakings given to the organisation for compliance of the rules, no allottee is entitled to make any addition or alteration to the property without the written permission of the organisation. However, I got information with photographs from my relatives that the occupant of first floor flat is constructing a roof over the space which is as per the design of the house (technical brochure) a lawn for the ground floor. This construction will block natural sun light which was available to my living room where I have a entrance from the lawn. This will also block to some extent exhaust from the kitchen from the kitchen window which is facing towards the lawn. He is also constructing walls on the roof of garage allotted to me which is adjoining his garage and he has an approach to the garage roof terrace. I requested him on telephone to stop such construction which is illegal. He says he has taken permission from municipality. I have already lodged complaint with the municipality and no reply received. But the army welfare housing organisation whose rules are applicable to us has written to the president of the welfare maintenance society to immediately stop such construction which is illegal. However, he is going ahead with the construction. I discussed this issue with a lawyer and provided all documentary evidence for suit in Delhi though the property is located in a different state. However, AWHO rules say any suit against the organisation has to be at Delhi and my headquarters is also at Delhi. The advocate has issued notice to the AWHO for reply within 15 days. As per AWHO rule, there has to be a notice to them with 60 days advance intimation for filing suit against it. The lawyer has informed me that we have to wait for some time. He did not even issue the notice to the individual or the state development authority. May I therefore request you to kindly advise on the following:-
(a) Is he entitled to such construction despite submission of undertaking in a fupees fifty non judicial stamp paper that he will abide by all the rules of the organisation and no addition or alteration will be done without written permission of the AWHO.
(b) Since the layout and design was approved from the development authority by the AWHO, can the development authority give such permission to an individual for such construction without asking the AWHO?
(c) Since as per the technical brochure and approved design the place is shown as lawn for the ground floor, can the development authority give permission for such construction? If they have given such permission, can I make them a party to the suit and ask for withdrawal of such permission.
(d) Since the individual is going ahead with the construction, do I have to wait for mandatory 60 days for filing a suit against the AWHO who is nodal agency and the individual as well as development authority.
(e) My complaint to municipality, development authority and even the DCP of police to stop the construction has not yielded any result. The complaint has been sent on 27 Jun 2011.
(f) Can I get a stay order immediately from either Delhi or from the state where the property belongs without waiting for 60 days notice time? If I get a stay from the court where the property belongs, can I still go ahead with the proposed suit in Delhi? Is there any legal embargo?
Querist :
Anonymous
(Querist) 15 July 2011
Dear Ravikantji, Thank you for taking the paid to reply. My query was listed in the property section with a heading Unauthorised construction. I am enclosing the details again.
Dear Sir, I am a serving army officer and presently posted in a different country. I have a flat in the ground floor in a block of four flats allotted to me by army welfare housing organisation. As per rules of the organisation and our written undertakings given to the organisation for compliance of the rules, no allottee is entitled to make any addition or alteration to the property without the written permission of the organisation. However, I got information with photographs from my relatives that the occupant of first floor flat is constructing a roof over the space which is as per the design of the house (technical brochure) a lawn for the ground floor. This construction will block natural sun light which was available to my living room where I have a entrance from the lawn. This will also block to some extent exhaust from the kitchen from the kitchen window which is facing towards the lawn. He is also constructing walls on the roof of garage allotted to me which is adjoining his garage and he has an approach to the garage roof terrace. I requested him on telephone to stop such construction which is illegal. He says he has taken permission from municipality. I have already lodged complaint with the municipality and no reply received. But the army welfare housing organisation whose rules are applicable to us has written to the president of the welfare maintenance society to immediately stop such construction which is illegal. However, he is going ahead with the construction. I discussed this issue with a lawyer and provided all documentary evidence for suit in Delhi though the property is located in a different state. However, AWHO rules say any suit against the organisation has to be at Delhi and my headquarters is also at Delhi. The advocate has issued notice to the AWHO for reply within 15 days. As per AWHO rule, there has to be a notice to them with 60 days advance intimation for filing suit against it. The lawyer has informed me that we have to wait for some time. He did not even issue the notice to the individual or the state development authority. May I therefore request you to kindly advise on the following:-
(a) Is he entitled to such construction despite submission of undertaking in a fupees fifty non judicial stamp paper that he will abide by all the rules of the organisation and no addition or alteration will be done without written permission of the AWHO.
(b) Since the layout and design was approved from the development authority by the AWHO, can the development authority give such permission to an individual for such construction without asking the AWHO?
(c) Since as per the technical brochure and approved design the place is shown as lawn for the ground floor, can the development authority give permission for such construction? If they have given such permission, can I make them a party to the suit and ask for withdrawal of such permission.
(d) Since the individual is going ahead with the construction, do I have to wait for mandatory 60 days for filing a suit against the AWHO who is nodal agency and the individual as well as development authority.
(e) My complaint to municipality, development authority and even the DCP of police to stop the construction has not yielded any result. The complaint has been sent on 27 Jun 2011.
(f) Can I get a stay order immediately from either Delhi or from the state where the property belongs without waiting for 60 days notice time? If I get a stay from the court where the property belongs, can I still go ahead with the proposed suit in Delhi? Is there any legal embargo?
