I recently purchased and shifted into a three storeyed apartment complex having six apartments. The Developer has recently started making big pillars on the terrace which he claims will be used to make a gym and party hall for residents of 6 apartments. I think that it is illegal since it is not approved by BBMP. He has also told the guards that they will have proper small apartments to stay in basement. This was also not told to us during purchase.He is refusing to share plans for the same in spite of repeated formal reminders. If it is for our benefit he should share the plans. Engineers also refuse to talk to us. The Occupation Certificate or Sale deed do not talk about these additional constructions. Something seems to be fishy. He has also blocked everybody on WhatsApp and his mobile. What legal action can I take to stop this construction ?
This is illegal construction, started after getting OC. Complain to municipality. Terrace comes under common area and builder cannot use it for his own purpose to gain more benefit by illegal construction. If all the flats owners are in union, gather all and stop the construction. call the police.
Court will grant stay if nothing solved.
gym, big room on terrace and rooms in basement - will only create nuisance and frequent commuters.
Hello,
File a complain before the BBMP for such construction being made by the builder in an illegal manner so that the BBMP may come into scene and may stop the construction.
Do the same at the earliest. Click photographs of the place and attach the same with your application.
Regards
You can get the plans from municipal Corporation through RTI. You can approach High court in writ petition if you feel any discrepancy
File complaint against builder before BBMP regarding unauthorised construction being carried on by builder
2) file suit seek injunction restraining carrying on construction by builder
See a complaint of construction can be filed before the municipal authority and suit seeking injunction against builder can be filed before the civil court.
1. After the building has received Occupation Certificate (OC), it is illegal & unauthorized to construct ANYTHING further in the Building.
2. Make written complaint to the local Municipal /Revenue authorities about the illegal & unauthorized constructions and request them to investigate and file prosecution and further to demolish the illegal & unauthorized constructions.
3. IF above is not possible, THEN the last option is to file Civil Court suit, for directions to Municipal /Revenue authorities to demolish the illegal & unauthorized constructions.
you must file a suit for injunction restraining the builder, his men or agent or any other person, from putting up illegal construction. By contending the position before the court you can get a interim stay at the first hearing.
Dear Sir,
You may get issue a legal notice and if need arise you may file a suit by yourself or in Association with other purchasers of apartments and get a stay on such ongoing construction for the purpose of gym which may cause lifelong disturbance.
You can approach the BBMP authorities with a complaint about this illegal construction and request them to stop the same.
If they don't take any action then you can approach court with a suit for mandatory injunction to restrain them from stopping the illegal construction activities.
But before that you should ascertain that it is an illegal construction without any plan approval.
You can even file a writ petition in this regard if necessary.
You can file a suit for mandatory and temporary injunctions against builder for disclosing the plan of new construction or renovation in building.
Till the decision of suit you can pray for temporary injunction for stay on construction.
A complaint should be registered with the BBMP and all the details should be stated and action should be prayed.
In case the BBMP does not respond file a writ petition in the high court.
Regards
