I am staying in a building which was constructed in 1962. At that time the land belonged to one trust who divided the plot into 3 parts one plot in front of us facing sea and one adjustant to us. To avoid any dispute among three plot holders one mutual covenant was made at that time to safe guard interest of all three parties. About ten years before, plot in front of us facing sea was bought by Essar Group to construct bungalow for his personal use. There was height restriction in common covenant where he cannot go beyond 26 feet from ground level. But he went few feet above 26 feet so we went to court for demolition and ultimately in “out of court” settlement we got a big amount of 11 crore+ as compensation.
Now we are thinking of redevelopment even though our building is very strong today and can stand for next 15 to 20 years without any problem. Society is not willing to get structural audit of our building in spite of my insisting to do that. Some members for their personal interest insist for redevelopment so I insisted that before doing anything take consent from other two parties since we are covered under common covenant. But committee is saying there is nothing in the covenant except height restriction. How is this possible. A covenant is made to safe guard interest of all the three parties and not any one party. Society is not giving me copy of the covenant.
Under the prevailing situation can you please guide me how can I compel society to take consent from other two parties before going for redevelopment because I think if we go ahead with redevelopment of our building without consent and if the other two parties especially Essar group take objection (which he is very likely to do) then our project will be held up and we will be on street.
Your guidance will really help me to safe guard my residence.
