• Illegal construction beyond permission

I live in a flat situated in a panchayet area. It is made by a promoter who owned the land himself. He did not form Housing Society and he sold it to buyers by his name.He lives here in one of the flats. Now he is making two rooms with concrete rooftop in the 4th floor though the promoter had permission of 3rd floor only. In the time of registry he he compelled us to write on deed that we only could enjoy 650 sq.ft. of the open area of the rooftop. Now when we (owners) complain he says , it on my area not in your 650sq.ft. which you are entitled to enjoy. What I should do in this situation to stop this construction.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1. In Panchayat area also no pucca construction is possible without a valid sanctioned plan issued by the Panchayat.

2.SO check once whether the builder ahs got pepr sanctioned plan to raise these additional floors.

3. if yes then you could enjoy the open area on roof of the additional floor.

4.however of this construction violates the terms of your sale deed even if there is sanctioned plan you cna challenge the same through civil court remedy.

5.Since civil case takes time I would advise to file case beofre the consumer forum only for removal of the additional structure which is made beyond the terms of the deed.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. Whatever you have written in the deed, now binds you.

2. In so far as construction beyond the permissible limits is concerned you can initially file a complaint to the civic body which gave the permission, and if this also proves futile then you may file a suit for permanent injunction.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

complain to panchayat against illegal construction on 4th floor

2) if panachayat does not take any action file suit against the builder/ panchayat for demolition of unathorised construction

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

If it is not a common area, then you may not be able to stop his plans.

However if this construction is illegal without approval by the local civic authorities then you may make a complaint with such authority.

Who is having roof rights, or whether the same is common for all.

If the promoter has sold the property floor wise, then he cannot claim roof rights on whatever basis he may justify his claim.

You can approach civil court with an injunction suit too seeking to restrain the promoter from constructing an illegal structure on the fourth floor.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

this agreement is void [sale deed is also an agreement]. he cannot bend the rule by forceful agreement. this is void under section 23 of the Indian contract act. consent of party cannot supersede the general rule. you should challenge it irrespective of the fact that you have given your consent.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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