Can a bldg be declared ilegal if a floor if a floor is added and 5 more Flats are constructed by the builders almost 10 years ago? As per the approved building plan the builder had sanction for 20 Flats only . Instead he added another floor and 5 more Flats in the 5 floor which was not sanctioned. It was constructed in the year 2002. All the 25 Flats incl the 5 in excess had been sold and occupied by the owner or by the tenant. The builder as per the agreement alloted all the Flat owners a free parking space in the basements as per the seniority of registration maintained by the builder. There are 15 two bed room flats remaining 10 are 3 BHKs.
One of the flat owners of 3 BHKs was not satisfied with the parking space provided to him . He wanted a revision on allotment of the parking space. The builder did not agree stating that the parking space had been alloted in consultation with the owner/ their parents / spouses and the building handed over to the society formed by the owner members.
The adhoc committee members of the society consisting of parents -spouse etc did not accept request of the aggrieved pwner who highlighted that parking spaces alloted to 2 BHKs are much bigger than the parking space alloted to the aggrieved owner. The aggrieved member raised the legitimacy of the society consisting members other than registered owners. In the bargain a case was planted against the aggrieved owner member for parking his car in another car parking space. Police has filed criminal case under section 341 & 506.
Can a complaint against the builder as well as the GHMC officials be made to the court for constructing 5 Flats in excess, Alloting them car park thus resulting into such a situation?
