Civil Procedure Code (CPC)

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rajindia (owner)     22 April 2014

Builder's right to part terrace and basement parking area


In a 10 year old building in Pune, builder has in Deed of Declaration kept half of the building terrace and half of the parking area for himself. Since the construction of the building he has allowed construction of a mobile phone tower on this part of terrace and the diesel generator for this mobile phone tower in the basement (parking) area.

The mobile phone tower has been shut down now in non-functional.

I want to know whether builder can still claim the right on the part of the terrace and to this part of the basement area which can be used for parking purposes. If he cannot claim any right on these areas, please advise whether the building occupants can use these areas for their purpose.

There is no apartment or society formed in the building even after 10 years as most flat owners have rented out their apartments are not bothered about this.

Please advise.

Thank you in advance.

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