When you buy an apartment, you are technically buying two things. The first component is the constructed part of the building where the owners will actually reside, while the second is a proportionate share of the land on which the property is built. The latter share of land allotted to the flat buyer is known as an undivided land share or UDS.

The UDS can be calculated by multiplying the total land area with the size of the individual apartment (3,500*1,000) in this case and dividing the result by the sum of areas of all apartments which is 1,000*5= 5,000. Hence UDS = 1,000*3,500/5,000 = 700 square feet.

While paying an advance for any property, make sure the builder or the seller provides you with the agreement copy. The agreement copy between the builder and the seller holds all the important details of the property in question including the details of the undivided share of land.

There is usually a dedicated section in the agreement that gives the details regarding the UDS share, which is often mentioned in either percentage terms (for example 0.75%) or in exact square feet terms. Make sure the agreement clearly mentions your undivided share in the land. The same figure should be mentioned in the title deed when the registration is done.

in some cities, particularly southern cities such as Chennai and Bangalore, one needs to register a separate agreement for UDS

If you are aggrieved b y the decision of builder you can approach RERA for relief and remedy to this.

The National Green Tribunal has quashed provisions of a December 2016 notification by the Ministry of Environment and Climate Change (MoEF), restoring the requirement for procuring an Environment Clearance (EC) for construction activities. 

The govt notification on December 2016 sought changes to some provisions of Environment Impact Assessment Notification, 2006, that required prior Environmental Clearance (EC) for building and construction activities.

This indicates that wherever the NGT clearance is required has to be obtained.

The villa owners can take up this issue in the next meeting of the association and can even pass a resolution to initiate proper legal action  to address the grievances of teh members by approaching the concerned authorities requesting for an expeditious action as per the circumstances prevailing in the association.

Yes you can but it's good to file before consumer court aa rera is more complex

You can file complaint against builder before RERA and claim shortfall in area registered on your name 

enclose copy of your agreement wherein he has charged you for more area 

Builder would need environmental clearance from authorities for carrying on construction of 180 villas 

File RTI application with authorities and obtain copy of sanctioned plans for villas and STP 

1. The best option is to file a grievance petition in the local consumer court, against the builder, for his unfair trade practices, negligence, deficiency, harassment, cheating, intimidation etc.... and claim refund alongwith interest and damages & compensation for the physical & mental trauma.

2. Many people can get together and file a single petition. 

You have bee duped by builder. You are liable to pay for build up area not super built. If build up deliver area is 2638 than you for extra 85 sqft, he wrongly charged.

Further you have booked 2871of land so for delivering reduce area, you are entitle to compensation. Complain to RERA and consumer complaint. You can demand refund also with interest.

No environment clearance needed for construction on 20,000-50,000 sq metre area. STP if pre offered durign booking than cannot be question.

1. File a complaint case before the RERA Tribunal alleging deficiency in service and unfair business practice against the builder claiming refund of the amount excess collected from you alongwith interest, damage and cost.

2. It will be prudent on your part if all the other buyers also hoin hands with you and file similar case against the builder.

1. It can be built if it is 500 meters away from the river.

2. However, environmental clearance is required as a standard practice.

 File a complaint case before the RERA Tribunal praying for a direction upon the builder to enhance the capacity at his cost.

First you seek copy of Sanction Plan & Layout Plan compare it with the actuals.

Yes, you can lodge complaint against Builder with RERA bringing about the discrepancy to their knowledge.

In case of such a huge Project of Gated Community the Builder has to take Environmental Clearance from NGT.

You can file an application under RTI Act, for above plans and also to know details of STP etc.

Further criminal proceedings can be initiated / taken against the Builder if the discrepancy is established by comparing with sanction and actual construction. 

1. Yes you can definitely file case against builder for making agreement of excess land and registering less area in sales deed.

2. You can claim the refund of money for excess area which was not registered on your name.