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Sweta Prajapati   31 January 2021

Iligal construction

Sir , Top floor with roof rights in multiowner building is constructing extra two rooms and bathroom on the terrace using stone terraceand bricks wlthout any permission in plot no 206 Niti Khand 1 Indrapuram. It is A three storey building measuring 350 mt on the main road in Indrapuram with basement parking, ghaziabad. What are the rights of the other flat owners : 1. How and whom to approach to stop illegal construction. ? 2. What is actually allowed and not allowed in this type of situations.? 3. What is called ' temporary structure " if at all can be constructed legally.? Pl help us in sorting this issue.


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 3 Replies

Dr J C Vashista (Advocate)     31 January 2021

It is advisable to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.

Real Soul.... (LEGAL)     31 January 2021

1. How and whom to approach to stop illegal construction. ?

You can file a complaint with Munciplaity , besides get a stay order on construction form Court.

2. What is actually allowed and not allowed in this type of situations.? 

It depends upon what kind of permission he got. He should be having an approved paln and persmission to build by Musnciplaity otherwise in voilation or building rules and in absence of permission the consruction will be demolished.

 

3. What is called ' temporary structure " if at all can be constructed legally.? 

The temporaray strcuture is usally made on sites used for some pupose, it is just temporary tin or wodden sheds, it shout not be concrete (bricks and cement) and shall be removed upon the purpose is met like keeping som materail, equipment, even labours...

G.L.N. Prasad (Retired employee.)     31 January 2021

First, file RTI application and seek certified copies of the approved blueprint and terms and conditions for giving such approval.

Then obtain a certified copy of the sale deed of that owner that commenced such construction and know his rights as stated in the sale deed.

Then equipped with the information, make a complaint against such unauthorized construction.

Wait for a month and then contact a local advocate and obtain a stay against such construction and also make that authority that approved such construction.

Always proceed as a group for better bargaining strength, and to pool resources.


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