1) any unauthorised construction would be demolished after following due process of law
2) construction had to be as per sanctioned plans only
3) it is doubtful that unauthorised construction would be regularised
Illegal Construction of Area By A Co-operative Housing Society at Dwarka, New Delhi
At recently held GBM at a Co-Operative Housing Society at Dwarka, New Delhi, a member of society had raised a question regarding illegal construction of the additional area which is highlighted as follows: 1- Area shown on the allotment letter issued by the Co-operative Society varies from 95 SQMT to 99 SQMT (including Balcony area) approx for different flats. However, the actual area of the flats ranges from 125 SQMT to 140 SQMT (including Balcony area) 2- Stamp Duty and Registration Charges Paid by the members accordingly on the above-stated area 3- Annual Ground rent to DDA is paid according to the above-stated area 4- Meanwhile many original allottees have moved out of the society and sold his/her flats. 5- Many Flats have sold more than 2-3 times in between 6- In between many flats owners have encroached upon opened and common area of the society and extended kitchen and bathrooms area (this includes the current president of the society. My Question: 1- Do the above facts establish any wrong and violation of Law 2- What would be impacted if he complains to DDA/ RCS 3- Does DDA, RCS, related Statutory authority can impose fine, interest and ask for payment of extra amount towards Registration and Stamp Duty Herewith requesting for primary feedback based on the above-stated facts and also do share contact numbers for further professional consultation on the above matters. Regards
Asked 5 years ago in Property Law
Religion: Hindu
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8 Answers
Actual area of flat shall be as per sale deed and any personal use/encroachment on common area is illegal. DDA has no role, complaint registrar of society.
Against illegal construction can complain to DDA but rare possibility if any effective measure provides.
Please be aware that if you have paid the ground rent for entire Housing Society then builder have no right to make any more construction in the property you have to consider the actual layout of the property which is passed by DDA and on the grounds of that you have to complain to DDA for unauthorised construction are changed in the layout so that they can made enquiry and give you the report it will take some time and in case you need any kukresult then you have to file a writ petition in Delhi High Court making the Delhi development authority and the Builder as party for the unauthorised construction which is against the law and against the layout passed by the DDA .
You can file the writ petition signed by the secretary in the name of resident welfare Association it will be good to have a resolution passed in this regard for that there should not be any objection from the members of the society
1. Does the person who had raised all these irregularities have documentary evidences to prove his allegations?, if he can does then he may proceed legally by submitting a complaint to the concerned local civic body provided the society is not taking action on this observation neither the general body meeting had taken any action to highlight the irregularities pointed out.
2. On the complaint, let the authorities decide about initiating legal action as per law, if they fail to initiate any steps in this regard you may approach the registrar of cooperative societies or cooperative court.
3. If the said local civic body is taking cognizance of the complaint, then they may initiate suitable action as per law and the prevailing rules for this purpose.
I would not suggest you buy the intended flat. There will be a lot of problems that you shall later face due to the deviation.
Hi,
The said facts are really violation of laws and the said building/society may be accused and tried of doing wrongs which may result in imposition of fines, sealing of buildings and arrests/punishments to office bearers/builders.
1. It depends only on the point if same are proved.
2. The issue will be decided on merits
3.No. Fine can be only in accordance of law.
Yes it is clear violation of law.
Complain to authorities can lead to long legal battles between complainants and violators.
Yes fine can be imposed on the encroachers
