• Residential Falt on Ground Floor

Dear Sir/Madam,
My name is Mahesh Chandra Bhatt and I am residing in Chhattarpur Birla Colony, New Delhi-74. I have purchased one 3 BHK Flat from private builder constructed on 110 Gaj (980 sq feet) of 210 Gaj plot in the month of Dec-18 on General Power of Attorney (GPA). This area is well developed but still comes under unauthorized colony. Electricity and Water connection is already there in Birla Colony from BSES and Delhi Jal Board respectively.

Builder has constructed 2 types of Flats on 210 Gaj Plot with common entrance for both type of flats. In an area of 110 Gaj , builder has constructed 5 story building (exclusive ground floor) and each floor consist 3 BHK except top floor (top floor is off 2 BHK only) and in remaining 100 Gaj area, he has constructed 12 flats (1-1 BHK 2 flats on each floor inclusive ground floor). Builder has given stilt parking space for 3 BHK floor owners but no parking space on 1 BHK area.

Since 3BHK flat owner have stilt parking space and total building height is under 17.5 meter; can we apply for new electricity connection and if not; on what grounds BSES can reject new electricity connection application.

Kindly advice; your earliest response in this regard is highly appreciated.
Thanks and Regards
Mahesh Chandra Bhatt
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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8 Answers

1) if it is unauthorised colony then you not buy flat as colony is unauthorised 

 

2) no bank would grant loan of purchase of flat as no OV has been issued 

 

3) new electricity connection application can be made to BSES 

 

4) enclose copy of registered sale deed by which you have purchased flat 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Construction is absolutely illegal and may demolish any time by municipality or by order of court. This much floors are not permitted on such small area of land.

Even height of building is crossing permitted limit to much extant.

Can apply for connection, if others have connection , you will also get on parity.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Yes you can apply for new connecion and if rejected can approach the court to challenge the ground for the rejection 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1.  You can prefer to apply for a New Electricity connection, supported by the property documents, building OC, property card, affidavit-undertaking, receipts of other taxes paid relating to your property and a NOC for the same from the Builder /Land-Lord.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Client 

yes you can apply for new Electricity connection for stilt parking on the name of Flat owner association formed by you a for connection of common areas of Building.

and BSES can reject you application if your paper have some Discrepancies  

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can file Consumer Complaint in Consumer Forum against Builder for inactivity on his part.By which you can get legal remedy against Builder.And it is speedy and low cost legal remedy available to you.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The property purchased on GPA is not a legally valid purchase.

GPA is not a title deed, supreme court has clearly given a verdict that the GPA do not give title to the buyer, therefore a person who is not having title to the property cannot apply for amenities like electricity and water supply etc., 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that the whole property is constructed unauthorised.
  2. It is immaterial for now as to whether the same is unauthorised colony or not as if any action by the government then you al will be allotted alternative sites first.
  3. Now, the MCD by laws are applicable in both authorised or unauthorised.
  4. And it is not that one condition should be complied of having floors within the range of 18 meters but as per the MCD amended act, both the condition I.e. within 18 meters and not more that three storey excluding ground floor.
  5. So, BSES would take the same ground for rejection.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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