I am living in Nizamaddin Basti. I bought a flat from builder and there is terrace obove my flat. However, the person on whose land the building is built is claiming the terrace. The builder told me that the terrace is for everyone in the building. There are four flats, two is in pocession of the land owner and another two is sold by the builder. One of the flats is mine. In the year 2009 the land owner said he wants to construct two rooms on the terrace so that it can be used as store room, I was new to the area so I accepted and allowed him to construct two room. After a year he rented both rooms. In 2016 the land owner started constructing new rooms, but this time I called 100 police and it stopped him from doing that. The Nizamuddin SHO asked land owner to show paper that terrace belongs to him but he failed. The builder dont want to engage but has assured that he will appear in the court to support our case. Yesterday again the land owner started constructing new rooms. Now, I would like to take a permanent action and get stay on the usage of terrace for renting and any illegal construction. The terrace is already 5th floor and beyond the permissible height.
In the present circumstances of the case, you should approach civil Court and file suit for injunction along with stay application in order to to stop the construction as well as restraint the landowner from doing any construction on the terrace in future or renting it.
Also, complaint can be given to the municipal corporation for demolition of the illegal construction ie rooms build on the terrace.
Terrace forms part of common area for benefit of all members
2) no construction can be carried on without consent of flat owners and municipal corporation
3) file suit seek court orders restraining land owner from carrying on any construction on terrace
Even if he reserved the right to retain terrace right, such condition is invalid. On land, flat owners have proportionate right, 1/4th share each. Land owner will have twice of 1/4th due to 2 flats owned but terrace comes under common area, equally used by all.
Can file civil suit and obtain permanent injunction.
Dear Querist,
Your query pertains to stop the person who is the owner of the two floors and is doing construction on the terrace without your permission. Now, if the sale deed and conveyance deed expressly states that the terrace or the build up area is a area of common parlance, then the person can not do so, even if he claims that he has got your consent to do so. The appropriate remedy for you is to file a permanent injunction suit claiming that he be stopped doing so and apart from that you will be filing ad-interim temporary injunction application.
in case you are not willing to file a suit, a legal notice to warn him of legal proceedings might also work for you.
Hope that solves your query. You can contact me for case and legal notice.
Regards,
YUGANSHU SHARMA
ADVOCATE
DELHI HIGH COURT
Dear Sir
You can file a suit for declaration and permanent injunction.
You can make the builder a party or witness to suit so that his statement gets recorded.
BY such means you can get relief
If builder has assured you the only remedy is consumer court for speedy disposal. You can make builder a party and seek directions
See you need to take to steps in said matter you need to.file a suit before the civil court seeking injunction on construction along with the interim injunction application seeking stay pending the suit.
Secondly file a complaint before municipal authority for illegal construction and seeking demolition of already constructed rooms.
- Delhi High court allowed construction of the third floor ,with the conditions of 15 metre height restriction , and approval from the MCD.
- Even , no alteration is allowed on the terrace without the sanction plan and approval from the authority, becasue the terrace comes under the common usage of the flat owners.
- You should firstly , lodge your written complaint with the police and higher officials , after mentioning the detials , and one copy should be forwarded to the MCD.
- if, no response , wihin 7 days of time , then you should file a suit for Permanent Injunction before the Court , for restraining the land owner from illegal construction over the terrace .
You can make complaints in the municipal corporation office plus can take injunction from court not to construct rooms on terrace. Plus demolish already constructed rooms on terrace as well.
You can form the apartment as per the apartment association act.
You can file an injunction suit restraining the owner from going ahead with his construction
Firstly you lodge a complaint with the municipality about this illegal construction, if they dont take any action then as a member of the complex, you can fight for your rights to restrain him from constructing proposed structure in the terrace.
Builder Or land Owner has no right to sell the terrace or construct room. the terrace area, as per Section 6(3) of the Act, is a common area, which belongs to all the owners and no one has got any exclusive right. Seek a stay from the civil court and file complaint against landlord before jurisdictional police station.
You should file case for permanent injunction against your landowner for stopping the construction on terrace and removing the structure already erected fot purpose of renting.
The ground should be that terrace comes under common area of building and can't be used for construction and there is no permission from authorities.
