1. Can you elaborate on roof construction rights? Did you obtain such rights from the Municipality? What is the Genesis of those rights?

2. What appears from your query is that the servant quarter of every floor is located on the above floor. So where was your servant quarter originally located? As you are occupying the topmost floor

3. When you say you have roof construction rights for building 3rd floor, then why do you say that the 3rd floor and servant quarters built on roof of 2nd floor are unauthorized?

4. Kindly elaborate. I shall revert to you in follow up query

First of all you should obtain permission for construction of another floor with structures from the competent authorities.

You can construct only after your plan is approved by the South Delhi authorities.

If you are told to obtain NOC from your neighbor then you may have toi procure the same.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ Date of Decision: 14.08.2015

RSA 167/2015

JOTINDER SHARMA

versus

SEEMA CHOWDHARY & ANR

is an apt case perfectly suting to your case.

The permission of construction of floor should be obtained from the competent authroity in delhi.

Since already constructed penalty need to be paid and the construction is required to be approved. For that if it is shared building noc from the flat owner at first floor along with noc from neighbour saying that your construction doesn't disturb any of his right and he has no objection.

Building plans need to be approved so reach out competent authority and get it regularised.

1) you would need NOC from 1st floor owner to regularise the third floor construction

2)you would need consent of first floor owner to shift the servant quarters and tanks

Since you have roof construction rights, you need not to bother and do any thing.

Hi Sir you will have to any how take a no objection from all the floors that you are shifting the water tanks and the servant quarter above the third floor and have to satisfy them that it wont effect their right for the servant quarter , as you said that the third floor is unauthorized you will have to settle the matter amicably without getting the MCD involved else the department will start troubling you by slapping notices on you for unauthorized constructions. You Just Need permission from the MCD for construction and no one else.

This is my advise to you:

1. You must take a NOC from him stating that he will not have objection now or in the future with respect to the servant quarters and he surrender his claim of servant quarters;

2. You must also take this on stamp paper and get it notarised;

3. Your first floor owner will not claim the third floor servant quarters since his agreement mentions "second floor" and not "top floor".

Dear Sir,

You need not say anything with other owners of other floors. Just put your servant in the quarters constructed by you. Let the aggrieved persons to approach the Civil Court for appropriate remedies. You may take appropriate defense depending upon their pleadings. Actual law is as follows:

========================================================================================

Owning or occupying the terrace of a housing society building is unfair and illegal. The builder/developer has no right to sell the terrace.

Some developers of co-operative housing societies resort to the unfair practice of selling the rooftop / terrace. It has also come to light that in some housing societies, owners of the flats at the top floor claim ownership of the terrace and dissuade other owners from using the same. Both these actions are contrary to the stipulations as per law.

According to Section 4 (1A), (iii), (viii), (x) and Section 10(1) of Maharashtra Ownership Flats Act, 1963, the builder/developer has no right to sell the terrace. The builder also does not have the authority to sell the terrace of a building. As per law, all open spaces in a building, including the terrace is a common easement for the benefit of all the members who are entitled to enjoy the same as shown in the Municipal Corporation records. No single member can appropriate and deprive others of the benefit of common easement. When the BMC sanctions a building plan the terrace is not taken into consideration for the purpose of calculation of Floor Space Index as it is for the use and benefit of all the members (flat owners) of that society.

Owning or occupying the terrace of a society building is not permitted by law and if any body does that it is totally illegal. The law and BMC rules are amply unambiguous and clear in this regard and there is no provision at all under which the terrace of a society building can be sold or bought. There has been a landmark judgment delivered by the Honorable Mumbai High Court in 1999 in this regard while adjudicating on writ petition No. 4577 of 1985, in the matter of Smt. Ramagauri Keshavlal Virani V/s Om Walkeshwar Triveni Co-operative Housing Society Ltd & others. Adv. Vinod Sampat, an expert in Co-operative Housing Society matters is also of the same opinion and says that no person can own, sell or buy the terrace of a Co-operative Housing Society building.

Hence, any one who indulges in such unfair and illegal practices does so at his own peril because it has got no legal sanction and is always subject to litigation; a person doing so will be on the wrong side of law.

You can't regularise it by the 1 at floor owner. You need society permission and local authorities permission for the same

Firslty, when you yourself is saying that it is illegal then no use to form go for the same.

Secondly, and they may not give you the undertaking as this would cost them to almost loose the space for their rights.