1) builder should apply for regularisation of the top floor . willing to pay the penalty imposed

2) file suit and seek stay of demolition

3) take the plea that you are bonafide purchaser of value not aware that it was constructed without sanction .

4) simultaneously file case of cheating , criminal breach of trust against builder/ landowner

5) if floor is demolished seek refund of your money paid with interest , also claim litigation costs , compensation for mental torture undergone by you

1. Had you observed due diligence before purchase you would have come to know about this before making the deal.

2. It is basic law that no seller can pass a title better than his own title. Since your title is imperfect you cannot get any equitable relief from the court, but you are free to file a suit for permanent injunction against the municipality.

3. Also file a criminal case under section 420 IPC for cheating against the promoter.

1. in such cases most of the times the KMC revokes the demolition on receipt of penal amount.

2. So you will have to apply for recalling the order for demolition and ask for imposition of penalty.

3. However at the end the demolition starts then your remedy lies agaisnt developer for which you cans eek damages , compensation and refund of money.

4. To explore your legal remedy against the developer you can file case before the consumer forum.

If you need further assistance you may feel free to contact.

1. You can file a writ petition against the Municipality, making the promoter as the private respondent, praying for an order to cancel the demolition order passed by the Municipal Corporation.

2. You can also file a complaint case before the local District Consumer Dispute Redressal forum against the promoter/vendor alleging deficiency in service and unfair business practice claiming amount equal to the cost of a flat of same area at your place at Dhakuria within one month and penalty of Rs.1 K per day for a period of 3 months after the date of the order if he fails to comply with the order. you can also claim damage and cost from the developer. Your prayer should seek arrest of the developer in case he fails to comply with the Forum's order and attach his properties for selling and reimbursing you of your claim as accepted by the said Forum.

The promoter failed to meet the minimum FAR floor area ratio value. So a demolition notice from kolkata municipal corporation had been issued to demolished only the top floor. The top floor consists of two flats, including mine. Please suggest me what to do now. The building is in the colony area of Dhakuria, and all the flats is being sold and occupied by purchaser. Please tell the possible way to save my flat. It is the only place for my family.

Builders violate with impunity the sanctioned building plans and indulge in deviations much to the prejudice of the planned development of the city and at the peril of the occupants of the premises constructed or of the inhabitants of the city at large.

Unwary purchasers in search of roof over their heads and purchasing flats/apartments from builders, find themselves having fallen prey and become victims to the designs of unscrupulous builders. The builder conveniently walks away having pocketed the money leaving behind the unfortunate occupants to face the music in the event of unauthorised constructions being detected or exposed and threatened with demolition.

If such activities are to stop some stringent actions are required to be taken by ruthlessly demolishing the illegal constructions and non-compoundable deviations. The unwary p purchasers who shall be the sufferers must be adequately compensated by the builder. The arms of the law must stretch to catch hold of such unscrupulous builders.

Though the municipal laws permit deviations from sanctioned constructions being regularised by compounding but that is by way of exception. Unfortunately, the exception,

with the lapse of time and frequent exercise of the discretionary power conferred by such exception, has become the rule.

A professional builder is supposed to understand the laws better and deviations by such builders can safely be assumed to be deliberate and done with the intention of earning profits and hence deserve to be dealt with sternly so as to act as a deterrent for future.

Such unlawful constructions are definitely against the public interest and hazardous to the safety of occupiers andresidents of multistoreyed buildings. To some extent both parties can be said to be equally responsible for this. Still the greater loss would be of those flat owners whose flats are to be demolished as compared to the builder.”

You may file a suit Suit for quashing the notices issued and also restraining the Corporation from demolishing the illegal portions of the buildings. Also can implead the builder for seeking the relief of compensation in the event of demolition by the authorities.