Hi All,
Please help me understand the seriousness of the problem and how we can approach this. The said flat has 8 residential houses and all these houses were taken possession by owners in mid 2008. In the front portion(within the complex), the flat promoter built 2 shops on the ground floor which he himself hold. These 2 shops were a part of original approved plan. There was no first level floor planned above these shops.
Few weeks back, the flat promoter started building the first floor on top of the exising shops. There was no approval from the municipal authorities saught for these construction. Since the new construction will be withtin the apartment complex, the other 8 residential house owners objected to the construction. But the promotor never stopped the work. The residential owners then approached the police. We doubt the Sub-Inspector was already 'handled' by the promoter and what he told was, he cannot interfere in this. We have to approach court alone to get a solution which might take over 4 yrs. The residential owners planned to disallow use of existing sewege lines for the new buildings since they were illegal. The Policeman warned that we should not interfere on the construction as per law and only the court will the solution. We have also sent a complaint with municipal authorities but there is no response.
What I assume is that, the flat once sold, the unconstructed area becomes the property of all the owners. This is why, if I hold a house on the top most floor, I will not be allowed to build anything above, since the terrace is a property of all the houses
Can we do anything here other than filing a court case ? The residents are simple people and cannot afford to run the case for 4 years. Should we just be a spectator to this illegal construction over our property?
Sorry for the long post.
