I have purchased a flat in Thane district in 2010 which consists of 3 wings namely A, B and C (G+4). C wing is constructed on area which was shown as Parking and Road setback area in basic plan. Builder hasn’t provided any alternate parking space and blocked the way for fire brigade vehicle in case of fire tender,
· Builder has utilized Road setback area without any approval from any authority. When complained to municipal authorities first they declared the building illegal and then after they handed over the road setback area and gave permission for construction.
· Builder firstly by showing the Road setback area in basic plan took FSI. Thereafter modifying the plan he utilized the Road setback area and used TDR of 500sqmt on that plot.
· The 18 meter DP road has been moved from its actual place without any approval from any government authority to benefit the builders.
· Septic tank has been constructed at a distance of less than 1 meter from building which should be constructed 50 feet away from building according to rules provided commencement certificate.
· Blocked the way for firebrigade vehicle to reach behind building in case of fire tender by constructing 2 Septic tank at Left and Right side of the "C" wing and 1 water tank at rear of "C" and "A" wing which blocks even a two wheeler vehicle from Left end of the plot, and the garage at extreme right side of the building. Residents would have no option in case of Emergency.
· Builder has provided increased measurement of the plot than its actual measurement municipal authorities did not measured the plot while sanctioning the building plan.
· Municipal authority has provided Completion certificate and Occupancy certificate to "A" and "B" wing despite huge irregularities in the building.
· Not kept any space for plantation which is mandatory as per DC rule in commencement certificate.
· Only one garage has been provided in actual whereas builder was supposed to provide 2 garages as per approved building plan.
Please let me know what needs to be done in this case, we are only 2 people in all the 3 wings who are opposing this act. Builder has yet not formed the society. Also please suggest me a good lawyer for bombay high court if i need to file this case.
