Legal Question in Real Estate Law in India

I have couple of queries:
1) Does roof-top of the building come under "common areas & facilities"?
2) I own a flat in Kolkata, West Bengal, India. All the official documents state that the buildings are with G+4 provision. So, it is definite that the design for the foundation of the buildings is meant for G+4 building. Further, it is physically observed that the buildings do not have provisions for the any vertical addition of floors. Now, suddenly, Promoter wants to build an additional floor, claiming that he had acquired permission for the same from local authorities. Promoter also acquired consent from some of the flat-owners and claiming that he can start building. Some of us have been insisting the flat-owners association to resist and prevent the promoter to execute an additional floor. Not getting enough support from the committee of the flat-owners association. On this backdrop, can the promoter build the additional floor, and please suggest future course of actions.
Thanking you in advance.

Asked on 8/30/12, 7:51 am

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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roof top of a building may come under common areas and facilities as the other flat owners have water tanks there.

Answered on 9/04/12, 9:22 pm

Shrichand Nahar S.V.Nahar, Advocate

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Check local law enacted in your state in respect of flats/apartments.

Answered on 10/11/12, 4:08 am

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