You first issue a legal notice to the builder to remove the temporary toilet built by him for the facility of the workers  by demolition and also mention that the toilet is not finding a place in the approved plan, moreover it is causing inconvenience  hence he should immediately remove the same as was assured by him at the time of construction of the villa.

You can endorse a copy to the association with a request to instruct the builder to remove the same immediately or to demolish the same by taking a decision through a meeting of the association.

If all these steps do not fetch you any results in your favor, you may initiate legal steps by instituting a mandatory injunction suit to remove the  illegally constructed toilet in the open place contradicting the rules and approved  plan.

1. As per your narration, the builder has already handed over the project to the association. Hence you correspond with the association head for removing of the temporary toilet.

2. If still the problem is not resolved, send a legal notice to the builder, with a copy marked to the association head, to take necessary action in the matter.

You don’t have any evidence of verbal promise made by builder 

issue legal notice to association to remove the toilet as it is contrary to sanctioned plans and it gives stinking smell 

if association fails to do so file complaint against association before Muncipal corporation to demolish the toilet 

1. if the sanctioned plan does not speak of toilet at that place and it is causing nuisance as well, as it appears then it is a fit case where you can seek redressal of your grievances before the consumer forum.

2. In the consumer forum seek dismantling the structure and compensation.

A consumer complaint must be filed in the consumer forum against the builder for unfair trade practices and deficiency in services immediately. If a sanctioned plan did exist there is nothing verbal. You have a right.

1. This was a mere verbal assurance by the builder which was not reduced to writing. Hence, it is not legally enforceable.

2. The association can remove the toilet,

Obtain copy of sanctioned plans from BBMP 

file RTI application to obtain copy of sanctioned plans 

-    You dont have remedy against builder so dont make that step.

-    You have to take sanctioned plan and claim that it is illegally constructed.
So any illegal construction not as per sanctioned plan have to be demolished if society can not move it any other place.

Dear Sir/Ma'am, 

1. the builder has handed over the project to the association, therefore all your grievances should be addressed to the association. 

2. you can send a legal notice to the association stating that the construction of the toilet is contrary to the sanctioned plans and is causing a nuisance. 

3. you can get the sanction plan's copy from BBMP. You can obtain the same vide an RTI application. 

Thank You 

• For further assistance, you can book a consultation with me. 
• If you liked my answer, please give a good rating and leave a review. 

Dear Sir

You must get all the document by approaching your builder or concerned section of BBMP there after you can file a suit for demolition of such illegal toilet.

You first of all get the copy of the approved plan of the villa complex.

The association cannot refuse to hear the plights of its members just to appease some influential people outside.

You may drag the association to the consumer forum for deficiency in service besides filing a suit for mandatory injunction to remove the toilet from its existence in the wrong place and contradicting the conditions of approved plan.

You can take the help of a local lawyer for issuing a legal notice and converting the same into a civil suit as well as consumer complaint.

Yes a sanctioned plan is a must before approaching the authorities.

1. Get the sanctioned plan. A local lawyer can help.

2. Once you get the sanctioned plan then file a suit for mandatory injunction to remove the toilet against builder and association,

- As per rule , the Association  shall  frame  rules,  regulations  and  procedures  for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas  which  will  interfere  with  the  peaceful  occupation  of  units  by  respective  Owners  / Residents conducive to day to day living environment. 

-  Further, no structure  of   any  kind  whatsoever  temporary  or   permanent  shall  be  erected or fence/partition   put  up  on  any common  area  that  may  obstruct,  or  impede  free movement in the event of an emergency of any kind. In addition, on the Limited Common Areas adjoining the ground floor flats 

- The said construction of toilet by the builder in the Common Area itself is against the rule of Society Act , and further not taking the  consent from the flat owner , whose peaceful life being disturbed is also illegal.

- You can lodge your complaint with the Registrar of Society if the society is not agree to demolish the same 

- Further , any construction beyond the sanctioned plan is illegal , hence you can also lodge your compliant  before the BBMP as well.