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himanshu (NONE)     04 July 2020

Can we start construction in common plot which is sold to us

I am living in Ahmedabad and 10 years ago my parent invested in one shceme of duplex housing.  The builder first sold all the plots without passing the plan.  Then we came to know that our land ( with other 7 families) are coming under the common pllot as per the plan passed. 6 yrs passed then we 4 families decided to build our house.  ( There supposed be 4 * 4 house infront of each other).

So we gave contract to builder and stareted building 4 houses.  When houses started to build then somebody file a complaint in municipalty and then the work was stopped.  

Current situation is, my house which is corner house has walls and roof build. The work is stopped from 2 yrs.

Now someone give me suggestion that if I can move to that house ( temporarily ) and while living there I can start inside work of house e.g Plaster, tiles etc.   I just have to make main door ( which is open now as door is not there ).

My question is :  what happens if I go and start living there?  As  per Article 21 of Indian law, can I ask goverment to provide me water,electricity etc?  If yes, then How I can start procedure for that ? 

 

 



Learning

 4 Replies

Dr J C Vashista (Advocate)     05 July 2020

Vague information and unspecific query.

G.L.N. Prasad (Retired employee.)     05 July 2020

Only if you honour the law, you have the authority/right for implementing the law.  When without the approval of plans and if you decide to build a house in a common area, you can not expect that authorities can provide essentials like water and electricity.  There are tens of such colonies where no electricity and drinking water was provided and they do not have such TVs also in their homes.  You can explore the Solar system and purchasing drinking water and then depending on borewell for other purposes and may live there.  If anyone objects you may go to court and get an injunction and the court case is dragged for a minimum a decade.  But I have not heard such successful attempts when neighbors fail to co-operate.

himanshu (NONE)     05 July 2020

Dear Sir,

 

Sorry you felt that way. I will try my best to gether all the information and provid correctly on this forum.

I have learnt that Builder first sold whole land by deviding in plots and there was no procedure done at that time for plan passing. 

When they approach municipalty to plan pass, they have decided to show our space ( 4 * 4 house) as common plot, and their plan passed.  Now we have legal name of that peace of land but due to this cheating of builder we are not able to do anything.

 

I will pass all the correct data soon so you can provide better advice sir. Thanks for you reply. 

 

P. Venu (Advocate)     05 July 2020

No definite suggestion is possible unless the documents are perused.


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