Unauthorised construction in stilt floor & retention of udš
A V Sreenivasan
(Querist) 19 October 2018
This query is : Resolved
I have booked for a Flat in Mandavelipakkam area in Mylapore, Chennai in Dec 2012 and after construction possession in July 2014. There are 6 Nos approved Flats in Stilt+2 Floors construction which is duly approved by Chennai Corporation. The builder at the fag end of construction of the building, has put up flat of around 500 Sq. Feet unauthorised construction in the Stilt Floor and also has illegally retained 288 Sq. Feet of Undivided share of land (UDS). We 4 of the flat owners, through my fellow owners have approached the Hon'ble High Court of Madars for demolition of the stilt floor unauthorised constructions put up by the builder vide Writ Petition No. 31638 of 2015. The Hon’ble High Court has passed orders directing the Corporation of Chennai to remove the unauthorised constructions in the stilt floor of the building. However, so far action for demolition of the unauthorised construction has not been executed by the authorities concerned. The Court order was issued in NOVEMBER 2015 and we got a copy in February 2016. In the meanwhile I came to know that the builder has appealed to the CMDA Appeals Committee for approval/regularisation of the stilt floor unauthorised construction in the above building in total violation of the Hon’ble High Court order. Accordingly, inspection of the building was carried on 27.08.2015 and I have brought out the detail of Hon’ble High Court order in this regard to the Appeals Committee and CMDA Authorities. Moreover, it was brought to the notice of the Authorities thatCar Park of Flat No. F-2 which is mine, is directly affected because of the stilt floor unauthorised construction as the same is interfering with the drive radius of designated stilt floor Car Park for the flat. It is found that great difficulty is there for parking even small car like ‘EON’ and whereas as the flat owner I wish to park a mid-size car like Honda City. The car park can accommodate large car but because of the drive radius interference by the unauthorised constructions (i.e flat) it is impossible to turn the same. The hearing by the Appeals Committee is scheduled on 23.10.2018 and I have been invited to attend as an objector. In this regard, I request, experts may please clarify the following queries: 1) What is legal course of action I have to take in case the Appeals Committee approves the unauthorised construction in stilt floor? Can we approach the High Court again with Contempt Petition? How the Court will look in to my genuine problem with parking? How legal is an unauthorised construction be approved in Chennai & CMDA rules and regulations? 2) How the illegally retained UDS of 288 Sq Feet by the builder can be recovered by all the 6 owners of approved Flats or can it will got declared by Court as having no rights by the builder? It may be noted that as per the approved plan as on date the builder has reached the permitted FSI of 1.5 for the building already. I heard that a Supreme Court Order in this regard exists and if you can help me with the details of the order it will be helpful? Kindly advise me further in this matter. Regards A.V. Sreenivasa
Isaac Gabriel
(Expert) 19 October 2018
Attend the appeaal committee and record your objections. If possible the other owners can join you.Produce the HC order. If not obliged, consult lawyer conversant in the matter.
Dr J C Vashista
(Expert) 20 October 2018
Too long a story, be brief and precise if you are seeking obligation of experts on this site.
Consult a local prudent lawyer for proper consideration, guidance and proceeding.
