flat in the cellar
mohd faseehuddin
(Querist) 17 June 2009
This query is : Resolved
Dear Sir,
There is a flat in the cellar meant for parking. the builder did not take sanction of cellar but we are using it for the last 10 years as parking. there is one flat in the parking.after repeated requests and representations the ghmc came and demolished a wall of the said flat. but due to political pressure they stopped the demolishing. this flat is also un authorize. flat owner lawyer applied for BPS. how can ghmc accepted the BPS. as BPS is not applicable to area meant for parking then how they accept BPS for cellar flat which too is un authorise.. our cellar is 3+ feet from road level. out apartment is g+2 the are of our plot is 380 sq yards.
we filed writ petition in H.C . Hon H.C issued directives to GHMC to take action with in 6 weeks but no action even after 12 week. the GHMC i feel thinking in terms to regularization can they do ignoring H.C orders. what should we do in what is the merit of our case. how do they define cellar is it ok if it is 3+ feet from road.
please advise us. urgently please.
warm regards.
secretry coop society of apartment. if you need more details i can submit the same.
Y V Vishweshwar Rao
(Expert) 01 August 2009
1- Buildign Pemrission - Your Apartment Buildign is G+2 Floor with out Cellar
2- The Plot area is 380 Squar yards only & G+2 Floors
3- Is it indipendent House Bulding Permission with some parking in Ground Floor part- as Parking
The Cellar is meant for parkign any other structures in the Cellar can not be regualrised - but there is no Cellar as per the Building Permission - the details to be considereed !
mohd faseehuddin
(Querist) 01 August 2009
thanks for the reply. ours is a apartment building. sanction for g+2 taken by builder.
some say that there is no need for separate sanction if it is being used for parking. as per AP high court judgments/contempt petitions is there should not any structure even bamboo mesh structure etc. even if the area is more than parking requirement no structure should be constructed.
now in our case hon able ap high court issued directives to mch to issue notice to both the parties IN RESPECT OF Illegal structure. and take action as per law.
mch issued notices to unauthorized flat owner and to me as secretary of society. i replied and requested the mch to reject his bps application as it is only permitted for deviation to the sanction plan there is not mch sanction for him.
the SO of mch shows me their reply which says that the step are shown on left side and right side is rock garden and open to sky. ours is about 19 years old building.
some both says that first let them take action on totally unauthorized structure. they can not take any action without completing hon able h.c. directives. they cant take any action on the 19 years old building. what they had been doing all the time. they can take action on the builder but he is no more. they ought to have inspected after the completion of the building. steps on right side or left side does not matter. where we stand now. can you please guide me regards. mfs
