• Constrcution of 3rd Floor

Hi,

We live on a 125sq yard plot builders flat. We have a basement, ground in south Delhi, the building is 22 years old , First and Second floor occupied by diffierent families. The owner of the 2nd floor has the roof rights and now planning to sell/collaborate with builder to construct a 3rd floor. He has been putting pressure on us to give him NOC and is now threathing us and even the builder has started calling upon us to increase the pressure.

The constrcution is yet to begin and our queries are
1. is the 3rd floor legal without stilt parking.
2. Is NOC manadatory from all other occupents for them to build the 3rd floor.
3. Can we take a stay in anticipation of the furture constracution.
4. how can we stop this ill legal activity.


Request your support.

Regards,

Raman
Asked 2 years ago in Property Law from New Delhi, Delhi
1) NOC from other occupants is necessary to construct additional floor . 

2) muncipal corporation wont sanction building plans without NOC from other flat owners . 

3)in the event you receive threats record his telephone calls 

4) lodge police complaint for criminal intimidation . 

5) you can also  move court and seek stay of additional construction . 

6) parking space has to be provided for in the event  second floor resident  plan additional construction .
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
1. It is mandatory to submit NOC collected from all floor owners while applying for construction of additional fllors,

2. Parking space shall have to be provided,

3. Audio/Video  record all the threatenings over phone or face to face,

4. Lodge a police complaint against the builder and also the 2nd floor owner,

5. File an application under Order 39  Rule 1 & 2 praying for an order restraining them in making any further construction.
Krishna Kishore Ganguly
Advocate, Kolkata
12083 Answers
228 Consultations
5.0 on 5.0
1) it is your case that building would not be able to bear another floor . in such a case get structural audit  done of building . whether it is in position  to bear burden of another floor .

2) file RTI application to obtain building plans sanctioned by Muncipal corporation 

3) consult a local architect as to infirmities in said plan .

4) Municipal Corporation of Delhi (MCD) had issued a circular, making construction of parking space within the building mandatory, without which no building plan would have been sanctioned. further as per said circular  people applying for sanction to carry out additions/alterations in the existing structure such as construction of an additional floor will also have to make provision of parking space within their premises.
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
you are correct . delhi Govt has relaxed norms for construction of 3rd floor . you dont need NOC from other flat owners for construction of 3rd floors iin Delhi . however aspects such as structural safety , fire safety , non obstruction of passages , air and sunshine of neighbors will have to be considered while sanctioning building plans . decision will be taken on merits but existing flat owners will have chance to furnish their views 

as per Master Plain  Delhi 20 21 in residential areas permission was granted for construction of 3rd floor but SC had stayed order  pending final decision on master plan 21 . owners can carry out construction provided they give affidavit that they will comply with final ordes of court on MPD 2021
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
1. NOC is no longer required in Delhi for construction up to third floor. The above being said, the construction cannot be carried out in a manner which is detrimental to the property. So at the time of considering the application for sanction to construct additional floors the factors such as the existing condition of the building, the harm that may be caused to it if alteration/addition is made thereto, unhindered air and sunshine reaching the neighbours have to be borne in mind. It is not a secret that the MCD officials pass the applications for sanction if their palms are greased. The decision of MCD to permit additional construction can be challenged in the court. 

2. If he holds out a threat again then go to the nearest police station and file a complaint for criminal intimidation.

3. You have the right to move to court to seek a stay order against the construction of an additional floor.

4. Parking space shall have to be provided.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
Hello
The builder can go ahead and obtain  permission for construction, he is pressuring you for NOC to avoid any legal dispute. 
Though your NOc is not necessary for him to construct up to 3rd floor, You can file a suit to get an injunction for his construction , and  agree to  continue only if your demand s are met. 
In case  the authorities sanction the plan you should challenge it in the court.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi, don't give NOC and if they construct the additional floor and you to institute suit  restraining from construct the building.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
at present you should file a civil suit for injunction order and prevent the builder to build any additional story in the building till further order of the court. thereafter file an application before chairman of MCD according to MCD rules or urban building rules for prevention of granting sanction. NOC is required because you have preemption right towards building, any damages cause to the building will endangered your life.
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12083 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5181 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0