• 3rd floor with 2 rooms - want to build drawing room after 10 yrs stay

Hi,

I bought my 3rd floor (100sq yds) in Malviya Nagar, New Delhi in 2005.  It is a freehold property and I bought it on registry with terrace rights.  Since 3rd floor was not authorized that time there is no approved plan for my floor.  The builder had made 2 rooms and an area of drawing room was open. A couple of years back I tried to complete my drawing room but the owner of 2nd floor whom we do not share good relationship complained in MCD that we are doing unauthorized construction.  MCD people came and got the work stopped.  I want to complete the construction of my drawing room.  I am ready to pay the panelty and want to get naksha/floor plan made.  I have approached few people but they say that I will not be able to construct the drawing room without noc from the other floor owners.  Can you pls suggest whether it is mandatory to get the NOC from other floor owners?  Can I not get the floor plan made with panelty (if applicable)?

I want to sell this floor, will it be good to construct and sell which as per market rate would be around 80-85L but currently it is not even fetching me 65L.

Kindly guide.

Thanks in anticipation,

Prashant
Asked 6 months ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) for carrying out further construction on your floor you need to have your floor plans sanctioned by MCD 

2)delhi Govt has relaxed norms for construction of 3rd floor . you dont need NOC from other flat owners for construction of 3rd floors iin Delhi . however aspects such as structural safety , fire safety , non obstruction of passages , air and sunshine of neighbors will have to be considered while sanctioning building plans . decision will be taken on merits but existing flat owners will have chance to furnish their views 

as per Master Plain  Delhi 20 21 in residential areas permission was granted for construction of 3rd floor but SC had stayed order  pending final decision on master plan 21 . owners can carry out construction provided they give affidavit that they will comply with final ordes of court on MPD 202
Ajay Sethi
Advocate, Mumbai
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NOC for third floor is not mandatory anymore in Delhi but the MCD has to give permission after taking into account factors such as impact on structure after construction, etc. At the time of considering the application for sanction to construct additional floors the factors such as the existing condition of the building, the harm that may be caused to it if alteration/addition is made thereto, unhindered air and sunshine reaching the neighbours have to be borne in mind. The decision of MCD to permit additional construction can be challenged in the court. 
Ashish Davessar
Advocate, Jaipur
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In a major relief to lakhs of residents in Delhi, the government has relaxed norms for construction of additional floors in residential flats having multiple ownership with an aim to weed out corruption and help people get their building plans sanctioned without any hassle.
As per a new directive, people having right over third floor will no longer require to obtain a no-objection certificate (NOC) from the other floor owners for expansion of third floor.  However the municipal corporations to examine structural safety and compliance of building bye-laws while giving approval for construction of the third floor. The  municipal corporation would ensure the other  aspects such as "structural safety, fire safety, non obstruction of passages and air and sunshine for neighbours and neighbouring buildings" before approving any building plans.
There is a case pending before supreme court in this regard. The Union Urban Development Ministry in 2010 first moved a proposal to lift a restriction on taking mandatory NOC of floor owners if an owner of the third floor wants to go ahead with such construction. The municipal corporations have been sanctioning building plans for construction of third floor taking an affidavit from the applicants that they will abide by the final Supreme Court verdict.
T Kalaiselvan
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