Sir,
I have purchased a basement floor of the building in 2008 which was using as office by the builder since 2006. Originally basement meant for generator, lumber room etc. etc. The building is with basement ,ground and three residential floors for residential. All the floors were fully with deviation but assessed by chennai corporation and paying regularly tax and enjoying by all owners.
Now the Ground floor fellow filed a writ in the court stating that the basement is obstructing him and to be vacated. In fact we both got the UDS of 1377 sft each. He has been enjoying around 4200 sq.ft in the ground and mezzanine instead of 2000 sft. as mentioned in the the approved plan. The approved plan shows 1.46 FSI. Now the court order the Corporation of chennai to decide the matter on merits. The building completed in the year 2006 but deviation is more than 50 percent. Ground Floor owner unnecessarily went to the court. Now what about me. Whether I can ask 2000 sft in the ground floor which is enjoying by the ground floor owner and is not permissible to uds. what representations i have to made before the commissioner, chennai corporation. Please advice me.