I purchased an ownership flat in Kolkata through execution of Sale Deed in Dec.,2009. Though it was clearly mentioned in the original Sale Agreement, yet the Developer (Power of Attorney) cleverly EXCLUDED the parking area from the common area & facilities in the registered Sale Deed. Same thing happened to other flat owners. It was recorded in the Deed that the building was constructed in accordance with the sanctioned plan. After selling all the flats from his allocation, the Developer made unauthorised constructions (rooms) in the covered parking space in violation of sanctioned plan, and alloted the same to different families for habitation, and constructed toilets in the common service area for their use. All these families have got regular electricity connections from the Calcutta Electricity Supply and paying bills for that much like bonafide consumers. We have got feedback from the Municipality that the Developer never applied for conversion of parking space into residential area. Adding much to our woe, the Developer did not construct the underground water tank in violation of provision of Sale Agreement and that of the building plan. Three years have elapsed neither the Developer nor the land owner applied for Occupancy Certificate. We are in helpless situation! It seems to be impossible to get OC from the Municipality, and mutation is now a day dream for us. We are thinking of seeking legal justice against unauthorised construction, and non obtainment of OC for us. Therefore, I make this query to the learned friends of this forum that whether we, the flat owners, can file case for demolition of unauthorised structures from parking space and common service area, and eviction of unauthorised occupants even after three years of taking possession? You can pls advice if there is/are other way out!
