I am a member of a Cooperative Housing Society in suburban Mumbai. Our CHS building was constructed by a promoter/builder who acquired a plot of land from landlords by an agreement in the year 1984 to develop, build, sell flats or units and then form CHS and transfer the land & building rights to society by way of conveyance deed from landlord. The agreement for sale of flats/units (sale deeds) with the buyers were entered into in the year 1984-85 had mentioned plot area as 3190 sq. mt of which 700 sq.mt were set aside as slum area referring to a Deputy Collectors gazette announcement at that time. The balance area of plot that is 2490 sq mt was approved by BMC proposal dept for construction plan and accordingly the construction was carried out with 1:1 FSI calculation. This could certainly have been done after City Survey report submitted to BMC during apporval of construction proposal. The promoter/builder also erected compound walls all around during or after construction of building. The CHS was formed and handed over to the members in the year 1987 but the builder was never willing to cooperate to convey the land and building in the name of the society giving silly reasons to our written requests. This ws a common problem in and around Mumbai as hardly 10-20% of housing societies got conveyance. Because of this the Govt. of Maharashtra device Deemed Conveyance system which really helped many societies to get conveyance. We got our Deemed Conveyance in the year 2014-15 and thereafter we did adjudication, registration, stamp duty payment etc. When we applied for Property Card, we came to know about incomplete NA process by promoter/builder and hence we had complete the whole process and pay hefty penalty with interest. At the same time, we hired an independent surveyor and carried out survey. To our dismay we are shocked to know that there is about 500 sq mt shortage of land area. That is about 2000 sq mt instead of 2490 sq mt which is about 20% ! We applied for City Survey office for total survey of subdivided land parcel including adjacent plots. The survey was conducted on 05.02.2018 and till date City Survey office is silent on the issue and verbally informs that they are unable to reconcile the measurements or area and giving the survey report. They verbally say the matter is being referred to the Collector. We have submitted a written request to provide us the Survey Report at the earliest. We have a strong belief that a part of our plot has gone into encroachment other than 700 sq mt set aside by builder during construction. During the City Survey the concerned official was refusing to measure the adjacent pot of chawls, which is a part of our bigger parcel of land and a neighboring builder who is active on the other side is eyeing and prowling on that piece of land. Hence surveyor was reluctant and contentious that the entire land behind us comes under Collector. Kindly help us to know the way forward.
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File RTI application with survey office and seek report of survey carried on by the survey office
2) if survey office refuses to furnish written report file writ petition in HC and seek orders to direct survey office to furnish report of survey carried out
3) if your plot has been encroached upon file suitof eviction against the encroacher
Under RTI the PIO is obliged to give such information if he refuses or delay your application approach the state commission under RTI.
Give an pucblic legal notice for encroachment in newspaper if there are many encroachment or give individual legal notices and then no action then file an suit of eviction in the civil court.
Approach the HC under writ petition. Make the corporation, builder and society a party if the managing committee is involved in the fraud. Only HC can pass appropriate writ in the said matter.
Thank you all for your opinions. 1. Is City Survey office duty-bound to provide us the Survey Report covering the entire piece of land 2490 sq mt utilized for FSI as per BMC approved plan, although a part of it has most probably gone into the adjacent chawls touching our backside compound wall, seems mistake of our builder. If yes, are they suppose to demarcate our missing area of approx. 500 sq mt and show in the survey report. And again if yes, can we evict this 5-6 small chawls within this 500 sq mt area. Of course, they all expect and in waiting for compensation or rehab in case of redevelopment.
Yes the report for entre area is to be taken and they shall provide you with same.
Also yes these chalwa can be removed by filing a eviction suit after getting appropriate documents.
But if they are residing like for more than 20 years they can take defence of adverse possession and cannot be removed.
1) city survey office is bound to furnish you survey report
2) they are supposed to demarcate your area
3) you can file suit to evict trespassers from your land
File a. Suit under specific performance act getting order for bmc to being the complete city survey report of the entire area of plot.
Also you can ask the court to get the adjacent plots measured and reports to be submitted
And a direction to BMC to give you the additional area of your by getting it vacated
You can file a suit for recovery of possession of the encroached portion of property with an application for appointment of commissioner for inspecting suit property and submit reports regarding encroachment.
Let the court decide after hearing both the sides.
There is no use in waiting for the government department to render you justice or remedy.
You can approach court for remedy and relief