• Construction of 3rd Floor

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.
Asked 3 years ago in Property Law
Religion: Hindu

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19 Answers

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 

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

You need their consent to carry on additional construction on 3 rd floor 

 

plans would not be sanctioned without their consent 

Ajay Sethi
Advocate, Mumbai
94702 Answers
7528 Consultations

5.0 on 5.0

To get your plans sanctioned you need their consent 

 

bargain with them 

Ajay Sethi
Advocate, Mumbai
94702 Answers
7528 Consultations

5.0 on 5.0

you don't need their consent. Just apply for approval in Municipal corporation and get the construction done

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dont  pay and continue as said

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

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.

Pulkit Chandna
Advocate, New Delhi
208 Answers
5 Consultations

4.9 on 5.0

You have sale deed contains roof right than none can object. And no NOC required. Don`t pay anything and avoid  them.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

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

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

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.

 

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

Sanjeev Gupta
Advocate, Delhi
117 Answers
1 Consultation

5.0 on 5.0

No bribes  

You better seek permission from the competent authorities under the law for construction work which would allow you lawfully to do it.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

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.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

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 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

This is completely ridiculous. Refuse any money and lodge a complaint against the person with the police and municipal corporation.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes your stand is correct.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that it is very unfortunate that despite having right in the roof (exclusive) you have been asked to gm take their consent.
  2. I would like to apprise you that you are not bound to take anyone’s permission for making anything over it, you just have to it was suppose to inform them legally that you are doing this and if anything happens to the property of others while construction then you will be liable for monetary loss, nothing more than that.
  3. Now, you should give them a legal notice for not stopping you and if they continue to do the same then you have an option to approach the court of civil law and get the injunction order against their stoppage.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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