I have purchased a flat in Solan and there are total 4 floors in the building. Originally ground floor was got passed as garrage by the owner of the building. Municipal Corporation even gave letter that this ground floor can be used as garrage and not as shops. Now Owner of those garrages has sold this floor to shopkeepers who are have opened the shops in this particular floor. They are depositing money in commitee also as per shops . I want to ask whether municipal corporation can change convert the garages into shops at a later stage though originally they have passed then as garrage. Also on the original map / naksha this floor has been mentioned as garrage. Pl intimate me whether it is possible to change the type of building
Asked 3 years ago in Property Law from Solan, Himachal Pradesh
as per building plans sanctioned by Muncipal corporation ground floor is to be used only as garages . on basis of plans sanctioned you have bought the flats . in case any garage owner sells his garage it can only be used for garage . use as shops is illegal and in violation of sanctioned plans .
you can move civil court and obtain an injunction restraining purchaser from using garage as shop .
Originally they have shown us as garrage in the map. When we contacted committee through RTI, we got information that these are garrages. Even commitee issued letters to Electricity board not to give electricity etc. But when after 32 years same was sold as shop, we again went to commitee through RTI. That time they told that this floor has been converted into shops in the meeting held. They gave us in writing also. Owner was also depositong money to committee as commercial one. . So This is the case. Pl tell what to do now
Commitee has passed these garrages as shops in a later stange and they have got document also
Asked 3 years ago
committee has no powers to convert garages into shops . obtain copy of resolution passed by Committee and you can challnege the resolution passed by Committee . it is only muncipal corporation that can grant conversion of garages into shops and that too wwith the consent of members only
The owner had to seek permission form corporation before selling the garage whereupon corporation had to invite objections from all the members involved. Even corporation has no power to carry out such a conversion except with the consent of all the members who are likely to be affected by such a move.
Move to court and seek a stay order over the sale of garage as a shop.
You have already received reply to the fact that the place has been mentioned as a 'garage' in the original map. The same could not have been sold. Your remedy lies in moving the court ad seeking a stay order.