I purchased a flat in 2004 in Andheri from Builder. The plots were given by the owners for raising a building in leu to flats in the building. Three independant plot owners jointly offered the plot to the builder for development. The seven stories building was completed in 2004 and possession was given to purahsers. Cooperative society was formed, building was assessed for property tax, water connection was given by the BMC etc. Later we came to know that the builder did not get his plans approved by the BMC. The permission was granted upto second floor. Though there is no violation of FSI or TDR, BMC fined the builder for over 60 lacs for not filing his plans and getting plans approvedupto 7th floor.. The builder has not paid the fine.
If teh fine is not paid the building may be demolished. We approached the members of the society to collect moeny to pay the BMC, the members upto 2nd floor refuse to contribute and plot owners are cool saying that if the building is demolished the plot will be back to them. The development agreement is not registered one. The plot owners have also filed a case against the builder.
Under the circumstaced please let me know
1. Can we get a stay order aganst BMC and stop demolition. People haved paid through their nose for the flat.
2.Can the plot owners get the plot back in case of demolition.
3. Can the builder be charged with criminal offenceof cheating the purchasers f flat?
What is your best advise.
Bobby
