Respected Sir/Mam, I have bought a flat in Virar in year 2014 . The complex name is sai suman complex. Before buying i did necessary enquiry like i approached the advocate for title..I checked out with bank legal and technical approvals. The advocate gave me positive response for title . The banks like State bank of India,Hdfc have issued home loan to other buyers on this property... After all this i decided to go ahead and bought my flat on first floor of G+4 structure in one of two buildings contructed. I took a loan from bank and invested my all hard earned money for this flat. The building was constructed in the year 2010. Sir,now the problem is , i suddenly came to know that high court of bombay have issued a order for demolishing this building. I was shocked to hear this and didnt believe for instance. But sir i checked it on the bombay high court website the order have been released as mentioned above. It states that there is some fabrication done by developer and owner in cc issued by cidco. As per courts paper it says the approval was given for three bunglows and the developers have done some changes in that paper and developed 10 times more fsi area against approval. Sir there are more than 100 + families in this two building consist of lower income group. We all have struggled our life through to get a dream home.Now if such thing happens we will lose our hope in this society and system. Sir,please give us guidance on this issue,as the court has asked to take action and submit reports in one month time to local bodies. Sir the most important point which made my decision more stronger was approval of nationalised banks. How come they dont have any idea. They have speacialized legal technical team. They evn charge us to do such checks. A common man like me rely on banks report for the legality of projects. Sir how can we stop our building demolition??? If yes what are steps to be taken further??? Need to say lot but really disheartened... Its the biggest tragedy for all of us. Sir how will a common man rely on banks for legal reports for any property.This also raise a question. Really awaiting for your valuable reply. Regards,
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1) you have to file police complaint against builder for cheating , criminal breach of trust
2) file complaint before consumer forum and seek refund of money paid by you with interest
3) also claim litigation costs and compensation
4) if builder had obtain approval by fabrication of documents building would be demolished as construction is unauthorised
5) your cause of action is against the builder who defrauded you of your hard earned money
The due diligence conducted by you was not flawless as deviation from the master plan can be easily discovered during the process. Bank report should never be the basis of a decision to purchase the property. Be that as it may, if the HC has passed an order of demolition then rush to the Supreme Court lest the building is razed on the ground that you are a bonafide purchaser.
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. Serious threat is posed to ecology and environment and, at the same time, the infrastructure consisting of water supply, sewerage and traffic movement facilities suffers unbearable burden and is often thrown out of gear The provisions contained in various municipal laws for planned development of the areas to which such laws are applicable have been violated with impunity in all the cities, big or small, and those entrusted with the task of ensuring implementation of the master plan, etc., have miserably failed to perform their duties. It is highly regrettable that this is so despite the fact that this Court has, keeping in view the imperatives of preserving the ecology and environment of the area and protecting the rights of the citizens, repeatedly cautioned the concerned authorities against arbitrary regularization of illegal constructions by way of compounding and otherwise.
Check is the high court order reflects the building is totally demolished or not approved area is demolished?
Here the issue is builder change the approved plan and illegally constructed some areas. So the high court ordered may be to demolish the illegal constructions. You have three options .1. File damages and compensation from builder by approaching the Consumer court 2. File an appeal against the high court order 3. File a criminal complaint against the builder for cheating, criminal breach of trust. If the constructed area is the violation of law then the builder will be punished. Any person, who commences, undertakes or carries out development or institutes or changes the use of any land without obtaining the required permission or acts in violation of the permission originally granted or duly modified is liable to be punished with imprisonment for a term of at least one month, which may extend to three years.
You may file a writ petition along with other affected parties to stay the order of court passing orders for demolition citing the reasons what you have mentioned herein above.
The question is that the bank's officials are also corrupted hence they not bother about verifying the correctness of the documents
Writ before high court shall be best option.
