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Janak Devani (Govt. Service)     18 February 2016

Illegal construction near flat

Sir, I have purchased flat in January 2012 while construction is in progress. I have taken possession in February 2014. my flat is in the society corner and on the first floor and just near to the builder office (which was not a part of whole apartment scheme plan) which is temporary in nature. Also as per brochure and plan of apartments scheme it is not under my flat. after possession I have rented out my flat for about 16 months and society was under the maintenance of builder.
In July 2015 builder approached to society members to take over and form the housing society so that they can handle the society maintenance. also yet builder to sale 10-12 flats available for that he acquired his office.
My flat was vacated (I was not live there) since August 2015. Meanwhile society was formed and registered under co-operative housing services private limited and taking over charge from builder. In this process society arranged several meeting with member of flat and I was not informed through phone even. And they have decided to take over charge(without my concern) of builder office(which was not in plan) for society storage and office when builder will sale out all flats.
Now I came here to live from January 2016 and came to know these things that that illegal construction will be permanent as committee decided and request to builder and builder agreed. I talked to builder about this that the office is not in plan and I am not willing that the office should be under my flat due to lots of security reasons(any body can climb on my flat from this illegal construction),its toilets window is just opening to my bedroom window and even other neutions also over there due to that.
Builder told me until and unless society will ask to remove I will not remove it. Meanwhile in January and in February I have given in written to the president/secretary to remove/ask to remove this but they are telling me this is society issue and to take decision in meeting. Yet they have not taken any decisions.
Sir please suggest what should I do about this things.



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 2 Replies

ROHIT SHARMA (Legal Advisor )     18 February 2016

1. You will need to file a civil misc application u/order 39 Rule 1 of C.P.C. 1908 againnst the Society as seeking restraint fon the society from using the space as society's store room of the tempoaray office of the builder and which has not been shown in the construction plan and such constuction shed office be demolished so that your liberty to acess to open space light and aur outside your flat is not infringed with such use of  tempoarary shed/office  made by the builder. The balance of convinence should be shown to be in your favor by arguing that if the space is made open your will be able to enjoy the environment and that no paln for such store room is shwon in the constrcution plan.

 

2 Like

Janak Devani (Govt. Service)     19 February 2016

@Rohit Sharma,

Sir, Many thanks on your expert review which will be too helpful to me to deal with the society as well as builder.

Again many many thanks...

Warm regards,

Janak Devani


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