In apartment complex with more than 150 flats the builder constructed the statutory amenities as per AP apartments act 1987 in a land claimed to be his own land in which no owner can claim any rights including development rights though he promised to provide amenities/services with out specifically mentioning where the services will be provided.
How ever only in the case of one agreement only he has mentioned the location i.e. the land claimed to be his land .Here again he mentions it as his own and & the owner can not claim any rights over the land.How ever he mentioned that the owner has been given irrevocable rights for the use of specified amenities & the amenities will be constructed in this piece of land with a given dimension
He subsequently went & changed the amenities plan with out informing any owners in any way & did a partial construction on the land allegedly claimed as his own
When one of the owners went to court the high court ruled that he is allowed to change the plan since the agreement does not mention any construction for the owner in the land declared as the owners land
How ever the only person with the different agreement won the arbitration & the arbitrator ruled that the builder can not change the plan with out this owner's consent since the agreement mentions the location as well as the dimensions of the amenities block in the agreement ,with an irrevocable clause .He has also clearly ruled that the builder has violated the agreement
Now the question is how can the other owners make use of the agreement of the only owner with the different agreement since that is the only agreement which helps the owners
It is a fact that the builder has collected a specific amount of money from all the owners for the amenities & this is mentioned in all the agreements also.
In addition it is also a fact that the builder did not provide the exact plan in the agreement as the approved plan ,which was also termed as a violation of the AP apartments act 1987 by the honorable arbitrator (of course this was the case with all owners)
