were building plans for construction on terrace sanctioned by muncipal corporation ?

2) did you obtain NOC from first and second floor owners for carrying on construction on terrace ?

3) if construction has been carried on without obtaining sanction from muncipial corporation then it is liable to be demolished

1.Any construction of rooms of permanent nature has to be made in compliance of duly sanctioned building plan issued by the local Municipality.

2.SO if you have such approval then itis alright.

3.if not then apply for approval of it now .The municipal authority may approve late such constrcutionson payment of penalty.

4.Contest the suit in civil court in the meantime.

If you have the roof rights with you , then you can construct the rooms..for better clearification you can obtain dda for the better understanding Of roof rights.. If they restrict additional construction then it's better to settle the matter amicably

You will have to file a counter in the case that they have filed and will have to get an order in the favor, nothing new can be done now since the matter is sub judice.

Regards

1. Roof terraces are common spaces or common area to be enjoyed by all the flat occupants and no construction can take place on the terrace.

2. The DDA handbook does not allows of usurping the space on the roof terraces because the same is an INCREASE IN THE PLINTH AREA of the top floor allottee. THE PLINTH AREA (as recorded in the title/sale/lease/registry deed as thats what one has paid for.) CANNOT BE INCREASED.

Do you have roof rights in the fat or what is the authority for constructing 2 floors on the terrace?

Do you have plans sanctioned for this construction?

If the neighbors are harassing for money, you may negotiate and settle them with the money that you can afford otherwise, just ignore them and wait for the legal action by the civic authorities in the even of this complaint getting developed into a complicated issue.