Advocate Shivchand Mishra (Lawyer) 17 July 2014

Changes in building after getting cc and oc

Hello Sir,
I have purchased a flat in Thane district in 2010 which consists of 3 wings namely A, B and C (G+4). Builder first constructed B wing and took part completion certificate (CC) for B wing in 2011. The map attached by builder with CC given by Municipal authority shows 1 stilt parking and 1 garage at a distance of 4.25 meters. but while taking CC for A wing in 2012 map attached shows a flat instead of stilt parking and the distance of 4.25 meters has been reduced to 1.5 meter. The actual construction is done according to map attached with A wing CC.
Does the above activity results to illegal construction as builder has changed the map and measurements after getting CC?

Reply Follow

2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 17 July 2014

Builder has to go according to permitted plan, not beyond that, if he goes, it becomes illegality. Pay either penalty or demolision takes place in future. In Hyderabad it is going now such cases.

Advocate Shivchand Mishra (Lawyer) 17 July 2014

Sir,

Because of reducing the distance between garage and building from 4.25 meters to 1.5 meter there is no space left for fire brigade vehicle to move at rear side of the building. Same situation is at another end of the building. Space left between building and compound wall is 2.5 meters and within that 2.5 meter space there is a underground septic tank which may cause threat to structure and infect drinking water. As per NBC a open space should be a hard surface capable of handling a load of 18 tons to 45 tons.

Under this situation can we expect some demolition order if we file petition in high court as this constitutes to life threat of residents?