Legal Question in Civil Litigation in India

The super tower has been built on our land. We had

Given the land to the builder only for development.

The whole tower has been built against the plan

Sanctioned by the local body. For example, the plan allows only 1598 sq.f.on each floor. But the builder has used just double of the sanctioned area ie 3200 sq.f.on each floor There is no stilt at all in the super tower while the sanctioned plan shows stilt in the tower.. I have already filed three cases in Bhiwandi court against the illegal tower as well as the Reliance mobile towers on the illegal and unauthorized terrace of the tower. The flat owners have formed a society which is a registered one and they have sent us a notice to convey the title to the society. But we don�t want to do so unless the court�s judgement comes. Can we do so? Moreover, is conveyance compulsory even for a building which is totally illegal and against the sanctioned plan of the local corporation?


Asked on 10/07/13, 9:18 pm

2 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Complain to Director Town and Country Planning, Rajasthan against the builder in as much as that the builder has breached the conditions of the license. To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

http://www.lawguru.com/answers/atty_profile/view_attorney_profile/username#more_info

You may also drop a detailed query at [email protected]

JSR/81013

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Answered on 10/08/13, 12:54 am
Fca Prashant Chavan Expert Edge LLP

14.10.2013

Dear Sir / Madam,

You are right in not conveying the property to the Society till the matter is subjudice in the Court. You should argue that the builder has to get the building construction approved and regualarized from the Bhiwandi Municipality. The resident members of the Society can opt for removal of the Reliance mobile tower from the building citing safety hazard.

Regards,

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Answered on 10/14/13, 5:35 am


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