Respected Members,
Ours is a complex of 3 housing societies. the project was completed in 2007 to 2009 and Housing society was formed by builder during 20019 and 2012 for all 9 buildings in complex (total 3 different co-op society)
The complex also consists of 4 row house which is independent of society as of now.
As per the approved layout plan 9 buildings and 4 row houses was approved and its already constructed and there is no more construction work going on.
However recently we came to know that one of the ex chairman of the society of same complex has bought an FSI from builder to build 1 row house and we have also come to know that the builder is planning to build 5 more row houses within the complex.
The society was formed in 2009 and 2012 respectively for all the buuldings in complex, Conveyance of the land is still not given by builder. As per the judgements of Honable High Court FSI belongs to Society and not builder.
My query:
1. What is the best remedy to file case against builder and buyer to restrict any further construction work.
2. Specific Relief act for cancellation of the sale deed entered by buyer and developer, do we need to pay stamp duty on the value of the FSI or pruchase price of Row house FSI?
3. Permanent Injunction- Shoud we approach Civil court separately or in the same petition of specific relief act
4. Do we have any remedy in High court where we can approach high court for permanent injunction
Would highly appreciate your guidance in the matter.
Best Regards,
Awadhesh
