Can I file PIL Can builder do additional constuction in buildings which have received O. C. & sociieties are formed, but conveyance is not done, through additional FSI generated by D. P. 2034? If yes, than it will create chaos or havoc in Mumbai where thousands of societies have no conveyance.
Builder cannot use any FSI in such cases
That FSI belongs to the society even though conveyance is not done
You have to write to the BMC to not sanction any plans of the builder which seek to use such FSI
If despite that any such plans are being sanctioned then you can file a Writ Petition seeking mandamus against BMC
Ideally the society has to file a civil suit seeking a declaration that it is owner of the FSI and its future increases
yes a P IL can be filed under article 226 in case public at large is effected due to the unauthorised construction after the the issue of occupation certificate even if conveyance deed has not been made by the Builder in favour of the society you can challenge any unauthorised construction in High Court you can make the development authority has won more party who has issued the order for additional construction.
Other wise you can file a writ petition in High Court making the development authority as one more party to respondents
Builder can only do it if the same as is approved in sanction plan
Builder cannot carry on additional construction without consent of flat owners of the society
2) builder is bound to execute conveyance in favour of society
3) if he fails to do so take legal proceedings against builder to execute conveyance in favour of society
Any unauthorized construction is illegal and hence prohibited. Yes you can file a PIL in this matter.
You may have to exhaust the other remedies first by making a complaint to the competent authorities about this illegal construction by the builder in the name of additional FSI or by any other illegal means.
If the authorities are not taking any action within the time stipulated or if it is not effective then you may plan to file a PIL by including the like minded people who also may be waiting for taking legal action on this.
Once the flats are sold, no.
builder is under obligation to execute conveyance in favour of the Society within four months from the date of formation of the society.
No builder have to obtain fresh permissions from authorities and approvals from residents of society.
