Covering roof/balcony available to the owner of first floor, due to extentions made by the ground floor owner

He can share expenses with ground floor person. Both are illegal anyway unless permitted byDDA by due process.

Thank you for the reply sir , I was going through some similar cases where I came across the guidelines by DDA (ref. Shanta Duneja vs Med And Anr. on 25 February ,2015) South Delhi Municipal Corporation has filed a status report statting as under:

"It is submitted that there is policy of DDA permitting additional coverage on DDA flats.It lays under:

"In three or four storied flats the owners at upper floor shall have the right to cover the area available as a result of coverage of courtyard/terrace of floor below.In such cases the residents of DDA flatsin a vertical stack served by the same staircase should give their consent and jointly apply for permission"

That it can be seen that covering of courtyard is permissible .However,owner of the ground floor needs consent of owrens of DDA flats in a veertical stack served by the same staircase"

 

Dear Friend,

The citation which you are reffering is in the case of the expendable DDA flats and not for the normal ones. It is better for you to join hands wioth the ground floor owner and part him with the expenses which he has made for covering illegal area so that he can allow you to part with an illegal act of covering unauthorised area belonging to the DDA only.

For other advise and consultation in this regard you can call me or visit my office, as I also live in Delhi Dwarka Sec 10.

Thank you for the information sir , can I please take your contact number for further information.

Dear Mr Anand Bali.....What is the recourse if I amontheFirst Floor and Both GF and SF owners have extended the area of their flats forcibly. Do I still have to share the expenses with both since I have to make my house safe with either walls around or Iron Grills with glass ?

I don't think Shivani has to share the expenses at all. If the GF owner creates a problemnow, please file a complaint with MCD that the area was extended without your consent and thus causing safety concerns for you and also making the structure week by not followingthe norms of architecture and specifications of extra construction. Be bold.

Okay if the first floor guy complains he too l;ooses chanceof extending house. He has to decide if to be Mahatma gandhi or join the law breaker below.Choice is yours.In most of Indian urban areas people break laws and permission is nevergiven by authorities. If at all given at huge bribes and offcial fees.

we had a meeting with the ground floor owner he has demanded 3 lakh rupees from us (for 70 sq m area ) so that we can cover it with temporary arrangement with griils and barsati . therefore we have denied this illegal offer and decided to stay in our boundaries .As far as the ques of safety is concerned we will install cctv cameras which would anyways cost us less then 3 lakh !!

The ground floor owner cannot demand such an exorbitant amount for this temporary structure, in fact if he violated the construction rules, you may inform him that if he is not permitting you to put up the desired structure, you may prefer a complaint against his activity with the competent authority, see his reaction and then decide further course of action in this regard. 

In India with rampant corruption in public departments, do you think Development authiruty /Municipal authority will take any action? They will be easily greased.