Construction related problem
Rajesh Panda
(Querist) 16 June 2016
This query is : Resolved
Dear Sir, currently our society is facing related to unauthorized construction over certain floor, as an society member as well as individual I am concern how we should handle this situation, although builder is communicated to us and working for us as he is sharing the information but we are not sure current situation is how much our favor and how much not, can you advise what should we do ? or what As an individual I can do?
Devajyoti Barman
(Expert) 16 June 2016
You are unclear on nature of constructions. A construction in side individual flat on its owners is permissible and the society can not put restraint.
Only in the case of constructions which encroaches on common area of the building the society can seek legal intervention to stop this.
Rajesh Panda
(Querist) 16 June 2016
Let me rephrase my query, the problem is builder build up to 7 floor but we understand lately that he got approval for 4th floor only and in communication with relevant authority to regularize, now he is updating us time to time and empathizing that the issue will be resolved but as society members what should be our stand as well as if you know please tell me if Secretary is mandatory to present the society in court for any matter or any society member is eligible to do the same, apart from that if we want to get all the document related to court case then whether the same person can be authorized to get the documents or again the secretary need to do all. and the last question should we appoint a lawyer for the society or only depend on the builder
Devajyoti Barman
(Expert) 16 June 2016
Only secretary or authorised person can represent society in court.
Yes , he can get the documents.
P. Venu
(Expert) 16 June 2016
Still, the query lacks clarity and short of material facts.
Rajesh Panda
(Querist) 16 June 2016
Mr Dev, thanks for sharing the information is there any document / link which you can share which I can show as an proof to anyone who will challenge your statement that any person who authorized by society can represent the society in court and he is not mandatory the Secretary only.
Rajesh Panda
(Querist) 16 June 2016
Mr Venu, my query is to know if developer is not sharing all information then what as an society member I can do? One thing we are thinking it to go to court and request all document for the case, apart from that what else
Rajendra K Goyal
(Expert) 16 June 2016
Discuss with local professional consultant, show him all related documents.
Kumar Doab
(Expert) 16 June 2016
The unauthorized construction is a risk.
Engage a very able counsel ASAP.
Dr J C Vashista
(Expert) 17 June 2016
@ Rajesh Panda,
Which city/state the society construction is going on? How many members society is this? Whether it is cooperative or any other type of society?
Whether the builder has got the construction plan(s) sanctioned from local development authority, town planning, fire master, airport authorities and municipality?
What and how do you find/say that builder is doing "unauthorised" construction?
Consult and engage a local prudent lawyer for proper analyses, guidance and proceeding.
RAVI K GOUD
(Expert) 17 June 2016
@ Rajesh Panda,
AS your query is missing a lot of material facts, it is not possible to suggest exactly.
In general the builder has to construct as per the permission granted by the authorities. He is not supposed to do any un-authorised constructions. If any thing is done like that it becomes illegal. Society has every right to object or stop the un-authorised and they got every right to move the court for the relief.
T. Kalaiselvan, Advocate
(Expert) 19 June 2016
I second the views of expert Mr. Ravi K Goud.
If the sanction was for four floors, what is the authority that the builder has built seven floors, is it not an illegal construction?
You said you wanted to go to court, what is the reason that you are going to the court even as a society?
In my view either you have not come outwith details or have not been able to express actual problem, hence consult a local advocate on all such further issues.
Dr J C Vashista
(Expert) 20 June 2016
Dear Mr. Vinod Passy,
Thank you very much for encouraging endorsement.
Warm regards.
advocatepassy@gmail.com 971794
(Expert) 18 June 2016
