2007-10-18 22:54:55 · 4 answers · asked by kachamuchakabali 2 in Politics & Government ➔ Law & Ethics
I have purchaced one flat and occupied on 4 oct 2005 (total 14 residential flat in one appt) at time there was no encroachment in my appt. later the promoter has constructed a 3 storied building in front of my apt encroaching our apt acess and the car park. our flat owner association took action and enquired the planning authority. the planning authority has informed us that a demolition order has been issued for the unauthorized building and to restore the common area for the flat owners.the promoter has not given a completion cert. the promoter has obtained approval for the lift power supply, our acess to the appt has got narrowed and many more problem presists. presently the promoter has apealed to the board consisting of the chief minister as the chairman and the rumer around is that they will get the approval for the encroached building. is it right to wait until the board gives their decision or to file suit against the promoter now.
2007-10-19 02:40:41 · update #1
No. Any construction done after getting the completion certificate from the appropriate government authorities in any State of India can be challenged & removed by the appropriate authorities with the prior approval of the court. Even the occupant of the building can challenge such illegal construction by the promoter with the appropriate government department & the civil court. The court will order for demolishing any illegal construction done in this manner which is against the byelaws/rules applicable for such building in the larger interest of the general public. The common area in any building is for the general public to move freely & obstruction in their free movement will be removed. As stated in your additional facts,this matter is pending in the board for decision,so wait for their order & based on that order you can move the court in appeal if that goes against you.
2007-10-19 00:26:53 · answer #1 · answered by vijay m Indian Lawyer 7 · 3⤊ 0⤋
It depends on what he's building, and the country and state the building is in.
2007-10-18 23:04:12 · answer #2 · answered by Miss Sally Anne 7 · 0⤊ 0⤋
if I could understand the question I would try to give a answer
2007-10-18 23:35:04 · answer #3 · answered by Anonymous · 0⤊ 0⤋
UH?
2007-10-18 23:06:00 · answer #4 · answered by D B 6 · 0⤊ 0⤋