Open plot measured with common plot of society can be sale by auction?
Dr.Gaurang N. Gandhi
(Querist) 28 July 2014
This query is : Resolved
Sir,
My client is residing in a co operative housing society.
In the N.A. Lay out plan there was 17 plots for residential purpose shown.
But the builder of the society exposed key plan with 16 bungalows.
My client had purchased plot number 5 through allotment. in 1980 the allotment has been done only for 16 plots and all were constructed as per builder's key plan(16).
Then the whole society came under city survey. the city survey officer numbered 16 plots[ residential plots] and 17th for the common plot road and margin so in city survey record there is 17 numbers i.e. 1015 to 1031. No one of the society member knows there is existence of 17th residential plot.
every year in society general meeting all 16 members remain present.
till 1997 no one knows the Lay out plan submitted in N.A. proceedings.
in 1997 in general meeting it was decided that the open plot [ not common plot] between plot number 9 & 10 to be auctioned. and in the same meeting the open plot auctioned such plot purchased by 'p' the owner of the plot no.9.
in that meeting instead of owner of plot no. 10 'A' his wife 'Z' was present and signed in the name of her husband. [ fack sign].
in 2012 'z' died and 'p' started construction on the purchased plot.
Question is that
1. The sale is valid?
2. Can 'A' challenge the construction?
the city survey numbered the open plot as 1031b [ 1031 a for common plot and road- margins etc.]
Now a days construction has been completed and 'p' started dwelling in the house. He threatened my client 'A' not to file any suit or complaint in any court.
ajay sethi
(Expert) 29 July 2014
1) if the plot is reserved for common road by city survey office then sale of plot no 17 is in valid . in addition as per sanctioned plans only 16 bungalows could be constructed on 16 plots
2) A can challenge construction as it is contrary to sanctioned plans
T. Kalaiselvan, Advocate
(Expert) 31 July 2014
There are possibilities for demolition of the illegal structure constructed in the space meant for common road. The matter has to be taken up properly so that the desired relief can be obtained
