Hi, I reside in Ahmedabad. My society is a cooperative housing service society. I want to know if the builder provided extra space to house owners for specific use, not for construction. Builder constructed a building over the area reserved for the use of the house owners. If house owners construct these areas, do these spaces belong to the society for common utilities such as drainage, common plumbing, gas line conduct area, and parking? The builder has already constructed such areas, and I wish to file a complaint against them. They are not allowing the construction of a gas pipeline supply due to their previous construction. What steps should I take to proceed?
Asked from: Gujarat
That construction is illegal because it was not sanctioned by the appropriate authority. The approved plan specifically mentioned areas for the common use of flat owners. There is a fixed ratio between the construction area and open area.
When the builder did construction on the open area which was left for the common use for the flat owner, he breaches the ratio or proportion of open and built up area. This is indeed an illegal act, you should file a complaint before the appropriate authority who has sanctioned the site plan.
This construction is being done in violation of the approved site plan therefore, it is illegal per se. That construction should be demolished.
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