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Krishna Mantri   07 April 2023

Construction of room in cellar area in apartment

 

 

The land is a total of 500 sq yards. The Builder ( he is also the landowner) by constructing 10 flats (3BHK) in 5 floors and sold the flats. He gave parking in the cellar to 10 owners and five more parking areas were left with him. Now in that parking area which he is claiming as belongs to him , he wants to build a room in the cellar in that parking area. By claiming that remaining 5 parking areas are belongs to him, the builder now constructed a room with bathroom apart from the Watchmen room.

Question is - when he sells the entire 500 Sq yards, how can he build a construction on the land which he already sold.

 

He is claiming that the five parking areas belong to me, nobody has authority to question me. How can he claim that? 

 

As a common rule, parking areas are not included in the built-up area. So by using this he is claiming that the parking areas belong to me. But he is alien to that land as he sold the entire land. Without any possession of the land, how can he build a room on the cellar?



Learning

 5 Replies

Dr J C Vashista (Advocate)     07 April 2023

The builder has to provide you what ever you have agreed to purchase in terms of agreement to sell / purchase and not entire plot of 500 sq yds..

 

Krishna Mantri   07 April 2023

Respected sir, here the main legal point is, in stilt parking how the builder can raise structures and construct rooms ?

Advocate Bhartesh goyal (advocate)     07 April 2023

Builder can raise constructions as per approved map ( Municipal authority ) and if he is making constructions against by laws or approved map, you can get rstrained him by injunction order.

Shakti Maan (lawyer at Supreme Court delhi 9650334626)     07 April 2023

You can file injunction suit against the person who is constructing in the paking lot... then stay would be granted to you... and all the construction done by him in parking lot will be destroyed by concerned authorities... 

T. Kalaiselvan, Advocate (Advocate)     08 April 2023

The builder cannot raise any structure including converting the cellar or stilt parking into room with bathroom facility.

It is a deviation of the approved plan

The construction of room can be demolished by the local civic body.

The builder/owner thinks that he is still the owner of the entire building and he forgot that once he sold the flats he is no more an owner.

You can give a complaint with the local comptetent civil authority which sanctioned the building plan approval 

 


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