I have purchased an apartment in 2011 in which plan approval was given in 2007. Out of the 14 blocks with 256 apartment units (G +4) as per original approval only 10 Blocks with 156 units were completed by the builder till today with the last construction activity ceasing in 2010. I was given an UDS in the entire property of 3.84 acres with no subdivisions being made in the non-constructed areas. Till today 122 individual owners with single or multiple unit possession exist in the project. The land owners have now approached us saying that they want to restart construction on the non- constructed areas with a new builder being brought in and are planning to construct villas!! (as per plan amendment). Question 1. Is plan amendment legal after partial sale of apartments without the consent of those who purchased apartments prior to amendment? Question 2. Can Villas with exclusive areas be constructed on land in which 122 people possess UDS without consent of all involved?
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You had purchased apartment on basis of sanctioned plans
2) if any amendments are to be carried out it can be done only with consent of apartment owners
3) for construction of exclusive villas the UDS of apartment owners cannot be changed . Their consent is necessary
Question 1. Is plan amendment legal after partial sale of apartments without the consent of those who purchased apartments prior to amendment?
The project had a plan approved for flats at that time and the constructions also started on that note. In fact half of the project has been completed while the remaining was kept in abeyance due to the builder withdrawing from the project or some other reason. However since the project was made as per original plan, now since the owner wants to have some more benefits out of the stopped project or to make good the loss, he cannot, in my opinion, may change his original plan without properly closing this project. There are lot of things involved in it, for example, the UDS, common space, society/association, individual shares etc, besides approval from authorities concerned. Thus it cannot be possible to go ahead with the new proposal without observing the above said formalities.
Question 2. Can Villas with exclusive areas be constructed on land in which 122 people possess UDS without consent of all involved?
No. If The owner is still adamant and arrogant on his decision, an injunction may be obtained against his proposed activity from court of law.
