Illegal construction on third floor
I have read some older posts and thank you for your guidance to people in various matters.
I am a resident of North West Delhi, Civil Lines Zone. Our colony is authorized and our property is also registered (it is not on GPA). When I purchased a floor 13 years back, the building had 3 floor (viz GF, FF and SF). All the floors are occupied and owned by different families. Our building does not have a ground floor parking as per the new trend. It is of 100sq yds.
Two years back, the second floor occupant started constructed a floor on the terrace. Though he has the roof right, he did not take any NOC from the GF/FF occupants. We tried to stop him and he did not continue construction after making one room.
6 months back he sold the roof with one room to another person. Despite our repeated requests he continued to construct the whole floor. Now the top floor occupant has made the floor without any architectural map/approval. He has also made a store room in the stair case. This whole illegal construction has even caused cracks in the ground and first floor walls.
We filled a complaint in early January this year in the MCD Civil Lines, when the new owner started constructing. Till date we have filed 10 applications and have been meeting MCD officials on the progress. Though I know that 2 notices were sent to the occupant and the top floor has been booked for illegal construction, no significant action/demolition has been taken yet. Infact, it seems that no action will actually be taken and the owner of the illegal floor has settled the matter with the officials, in a way that everybody is aware of.
I was told today by the MCD personnel, that there is some circular issued by the Delhi government, which directs that no illegal construction will be demolished now. Is this true?
1. The additional load of a whole new floor, which has not been constructed by proper map/architectural approval, has put extra load on our building and is a safety threat. Cracks are already visible in the walls.
2. Earlier all 3 occupants had a 33% right in the land value. If a new occupant constructs a whole floor, it will reduce to 25% each.
3. There is already a shortage of parking space.
4. The building is already very high, and I assume that there is also a limit to the height of construction, i think 45 feet.
I have tried to describe the issue in the best way I could. I look forward to your guidance on how to proceed now.