• 3rd floor construction in rohini delhi

I have bought a 2+1 duplex builder floor at rohini. so it has a second floor and 1 room built on 3rd floor.  It is a 26 sq m second floor and almost half of it as 1 room on third floor. There are similar floors in rohini and people have covered the whole third floor so basically one more room to cover 3rd floor. I heard one can get map passed from mcd by giving an affidavit (to follow SC order on master plan) + greasing the mcd officials. There is no stilt parking as it is just 26 sq m. My question is:
1. Can I get map passed by giving the affidavit and following other formalities? Will it be legal?
2. Do we need stilt parking for 26 sq m plot size?
3. Do we need NOC from other floor owners?
4. Is it necessary to use an architect?
5. Any other recommendations?
Asked 4 months ago in Property Law from Delhi, Delhi
Religion: Hindu
1.  The question is not about the legality while are getting the job done illegally.
If this can be allowed legally why should you grease the palms of the officials.
In any case you may not face any problem at least till this official is holding this post.



You may verify from the master plan of the building in which all such things would be mentioned


3.  It depends.  If you have the roof rights or the terrace rights on the entire third floor, you may not need to get NOC from other flat owners. 



4.  It is always better.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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1) 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 

2) 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 orders of court on MPD 2021

3) advisable to use an architect 
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
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The Municipal Rules differs from state to state , Municipality to Municipality. So I can not comment whether map can be passed on the basis of affidaivt or not or other formalities as mentioned by your query is required or not.
The best option is to visit the Municipality and meet the concerned official. It alone can guide properly.This query is not for the advocate but for Municipal officials.
Devajyoti Barman
Advocate, Kolkata
5181 Answers
54 Consultations
4.9 on 5.0

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