Of you feel that you can continue with the construction without noc and if they file any proceedings challenge it on above ground of safety, urgency and Installation/shifting of water tank
I'm the owner of Upper 2nd floor flat with roof rights in uttam nagar delhi now we are constructing half of the 3rd floor the purpose is shift to water tank on the top. but the owner of other floors are objecting and demanding Rs 5 lakh each from me on behalf of NOC. My question is if i've the roof rights and I'm the owner of 2nd floor also so how they can demanded bribe in favour of NOC.
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Of you feel that you can continue with the construction without noc and if they file any proceedings challenge it on above ground of safety, urgency and Installation/shifting of water tank
You need their consent to carry on additional construction on 3 rd floor
plans would not be sanctioned without their consent
i asked them for the consent in starting they have said ok but now they are demanding 5 lakh each why should i give bribe to them if i've the rights of top floor and i'm the owner of 2nd floor as well
you don't need their consent. Just apply for approval in Municipal corporation and get the construction done
1. Obtain permission of the local Municipal Corporation and see whether If any balance FSI is available for the said Roof Rights for part of third floor. IF Municipal authorities give permission THEN no NOC is required from any building residents or anybody.
1. I take it that by "roof rights" you mean that this a private terrace exclusive to you. If that is the case, you do not need any NOCs from any of the building's co-owners for undertaking further construction (so there should be no question of paying money for any consent). The Delhi High Court has said as much on multiple occasions, most recently in a 2017 judgement in a case titled Harish Bajaj & Anr. v. NDMC & Anr. All you need to do in such a case is to ensure that whatever you construct is as per existing laws and you have all the necesary permissions from the SDMC.
2. Please note if permission is wrongly denied to you by the authorities by stating you need such NOCs you can then explore your legal options.
3. What needs to be assessed, therefore, is the scope of your "roof rights." One will need to look at your title documents for this purpose.
Hope that answers your question. Follow-up queries, if any, are welcome.
You have sale deed contains roof right than none can object. And no NOC required. Don`t pay anything and avoid them.
you can make third floor once you are having roof rights.. you need not ask the other floor owners about it.. as you said your society of colony is already having three storied structure
you need permission of the DDA and MCD for construction
You do not have to pay them the exorbitant demands made by them in this regard.
Let them object to this legally, you can challenge the same as per law.
You can obtain permission from the competent authority for construction of the structure in the roof as per the rights conferred in you.
you have to take permission from all the occupants and till then, you cannot construct the third floor. As if you do so then they have the right to initiate legal proceeding against you.
Please check you agreement first, if it allows you t construct further with or without any condition, then you can.
If your agreement restrict that right then its illegal.
No bribes
You better seek permission from the competent authorities under the law for construction work which would allow you lawfully to do it.
Dear Sir/Madam,
Since you have roof rights, you may construct the third floor and in that case no consent of other is required. You are suggested to serve them a legal notice making aware of your rights and if they are objecting then also, file the injunction suit against them.
- Since you having roof right over the terrace of the building and if it is already mentioned in your sale deed , then none having right to raise the issue , and not needed their NOC for shifting water tank over the same.
- Further , it is not their duty to raise such issues , it is the duty of the authority only for giving permission or not.
- If they creating problem for shifting of the tank , then you can lodge your complaint before the police .
- If no response, then file a Permanent Injunction suit before the Court , for restraining them from disturbing in the your possession , and to construct the water tank on the terrace.
1. You can go ahead with construction on third floor without consent from owners of other floors.
2. You just need to get approval of construction from municipal corporation of Delhi
This is completely ridiculous. Refuse any money and lodge a complaint against the person with the police and municipal corporation.