Civil Procedure Code (CPC)

Urgent : gate or door permissible / allowed on a dda flat

This query is : Resolved 
 


Querist : Anonymous (Querist)
22 June 2021

Dear Sir/Madam,

I have an urgent query regarding , whether a gate or door is allowed to be constructed on a bedroom wall of a freehold DDA flat that opens out towards a park adjacent to the flat / bedroom and is under PPE scheme? Originally , there was no wall or boundary wall of the park adjacent to the flat when bought.
Your urgent response is solicited.

Kind regards


P. Venu Online (Expert)
23 June 2021

What is the reason for your apprehension?


Querist : Anonymous (Querist)
23 June 2021

Sir , I didn't quite understand your reply. I'm simply asking am I allowed to open a gate or a door on my wall/flat or not ? If I'm not encroaching or in any way blocking access to the park then, am I not within law or rules to have a door in my wall? My apprehension is in future hoticulture dept might raise a notice on me to close or seal it.

Shashikant V. PatilOnline (Expert)
23 June 2021

Delhi Development Authority (DDA) flat you are allotted, and you are mentioning its a freehold. You must ensure first whether its a free hold or on leasehold. If its a freehold you are absolute owner to construct the wall or install a gate but if its leasehold ,the ownership is with DDA. In that case, you have to take permission from DDA for this.


Querist : Anonymous (Querist)
25 June 2021

Just to clarify , flat was initially alloted under DDA housing scheme through a draw and later we got it freehold. Majority of the flats in our housing society are freehold.
Now , am I to believe that hoticulture dept is not within there right to issue any notice on me having a gate or door that open out towards the park adjacent to the flat. Am I correct in my understanding, sir ?

Rgds

T. Kalaiselvan, Advocate Online (Expert)
25 June 2021

The door or the gate you may propose to open in addition to the existing door or gate may not be permitted because it violates the conditions of approval of the building.
You may not be allowed to open a door or gate even though it is your own and absolute property at your will and wish.
You have already been allotted with a door number hence what number can you expect for this door.
Whatever you may submit a request to the local civic authority seeking permission for this, if they allow then you may proceed.


Querist : Anonymous (Querist)
26 June 2021

Are you saying the building bye laws don't permit any additional gate or door to be taken out in existing structure even though the flat is freehold. So in other words , there can be no changes permitted if the owner if so want to change the design or want to renovate flat as per his/her wishes. Also , may I know under which specific rule mentioned in building by laws it is not permitted to make changes/alterations/modifications to a freehold flat where it does not cause any structural change, and how is hoticulture dept trusted with responsibility to question the same to a flat owner ?

Thank you



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