Builder cannot construct building in area reserved for garden
file suit seek injunction restraining construction of building on area reserved for garden
Builder is trying to build a new building in middle of 10yrs old society
Hello Dear Friends. My parents are trying to buy a house in the same society where they are currently living in a rental house. The society is 10 years old and it has about 8 seven story buildings and in the middle of those buildings there is a small ground/garden for kids to play. Issue is that the same builder is now trying to build one more 21 story building in that play ground which is in middle of these existing buildings where kids play and elderly people hand out. Housing society is opposed to this idea when the builder tried to build it last year and now people are saying that he is going start the building next year again because he has a good political connection. My question can he build the house in the middle of 10 yrs old housing society. Some residents might not oppose if builder bribes them. For those who oppose it, What is the chance of winning the case if this matter goes to court. ? Thanks
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
It depends on the various permission he has for the same. If there is society then it can object. But conveyance also matters. It depends under what power he is taking such decision
It appears that the promoter is attempting to violate OSR (open space reservation) norms laid down by the planning authority and put up illegal construction with a view to maximizing profits. You have to complain in writing to the State RERA authority and pray for an order restraining the promoter from proceeding further.
1. You shall have to see the building sanction plan in connection with the buildings of the society he had constructed 10 years ago.
2. Was it mentioned in the said construction plan that there will be vacant land at that place where garden or children park has been made?
3. Were all the buildings including the vacant land or park handed over to the Society 10 years back?
4. If yes, then the builder can not take up any further construction on the land which no longer belongs to him.
The association has to take action to stop this menace.
The garden area is common area and belongs to the association and not to the builder.
Hence the association only has to give a complaint to the competent authorities about this illegal construction.
He cannot construct a 21 storey building amidst the residential complex without approval of the competent authority.
The society which is the owner of the entire complex including the common areas has to take proper legal action to restrict the builder from constructing the proposed 21 storey building.
It can even obtain a permanent injunction against the builder for the same reasons.
Dear Client,
Going to court might take years and it is an expensive process, I would suggest you must protest and ask all your society members to support you and in any case, you cannot allow that building to be developed in the middle of society. By doing this you may strengthen your case too (If any case you fight a legal battle).
Thyankyou.
