High Court orders relief for property buyers – builders cannot make new constructions on their own wish
A recent judgment by the Bombay High Court has ruled that changes made by builders are not allowed unless they have the consent of the housing societies (link to article):
Flat owners needn’t dread nasty surprises like builders blocking their view or taking over their gardens by constructing new buildings on their premises. In an important order, the Bombay High Court has said developers cannot construct new buildings—not part of the original plan which was disclosed to buyers—unless they take the consent of apartment owners. Justice B R Gavai further held that builders should mandatorily hand over conveyance of the plot to the new housing society within four months of registration.
“If the promoter wants to make additional construction, which is not a part of the layout placed before the flat-taker at the time of agreement, the consent (of the flat owner) would be necessary,” said the judge. Referring to a Supreme Court judgment, the high court said prior consent is not required only when the builder has made full disclosure at the time of signing the agreement about the entire project, including any additional construction. The court restrained the builder, Jayantilal Investments, from constructing a new building on the premises of Madhu Vihar Housing Society in Kandivli (west). The project, completed in 1989, consisted of a building with five wings. In 2001, the developers submitted a plan to the BMC for another building on the plot to utilise the additional Floor Space Index (FSI).
If this judgment is used as a precedent, then it means that the ability of builders to make changes which affects the residents of a housing society is significantly reduced, even if the builder has the permission of the authorizing agency.
Inadequate facilities:Probe ordered against private colonizer
Yogesh Kumar, TNN, Feb 3, 2011
GURGAON: The director general Town and Country Planning ( TCP), department has ordered a probe against the colonizer of Mayfield Gardens and Sheetal Enclave in Gurgaon, for not providing facilities to the residents as per the sanctioned layout plan.
The RWA has been demanding the cancellation of the licence of the colonizer, Sheetal International private limited. Director general (TCP) T C Gupta said: The Gurgaon office of town and country planning has been instructed to investigate the allegations made by the residents about the the fact that several facilities promised to them by the colonizer are unavailable. After completion of the investigation, if the allegations are found to be correct, strict action will be taken against the builder.
The RWA alleged that the colonizer has not provided facilities like road, power, greenbelt and execution of the lay out plan sanctioned by the city authorities. The colony has launched in early nineties and the residents have been living in the plotted areas for the past five to eight years. Tired of the builders inaction, the RWA has demanded the cancellation of the license. The residents alleged that the builder has failed to deliver the promised facilities. The RWA is running from pillar to post against the builder but no one is listening to us. The RWA had staged a demonstration outside the STP office in past too, said RWA president Dhramvir Yadav
The RWA alleged that water supply scheme in the colony is not as per approved plan estimate. The colony has no system for the disposal and treatment of storm water as per sanctioned specification and designs.
The RWA alleged that the sewer system is not connected to HUDA main line. The builder has not constructed roads as per approved layout plan. The roads in some places have not been laid and where laid are not even motorable as there exist huge craters/potholes everywhere, said Yadav.
We have 2 apartments and the delay has been just too frustrating. The penalty clause capped to just upto 6 months delay is unacceptable and cheating. Recourse to law will be a good idea.
I have had this property from 2004, they have been very smart and demanded money as and when they wanted and now when one is prepared for paying the balance moneny neither do they want to pay interest for delay but there is an huge sum demanded for price change. Its really been a painful 6 years with this project and still now sure where it is headed.
It is now coming to our knowledge that the Central Garden (Vista) will have an area of only 6 acres instead of 20 acres. We should immediately write to the builder asking them to confirm that the 20 acre Cenral Garden will be provided as originally promised.
High Court orders relief for property buyers – builders cannot make new constructions on their own wish
A recent judgment by the Bombay High Court has ruled that changes made by builders are not allowed unless they have the consent of the housing societies (link to article):
Flat owners needn’t dread nasty surprises like builders blocking their view or taking over their gardens by constructing new buildings on their premises. In an important order, the Bombay High Court has said developers cannot construct new buildings—not part of the original plan which was disclosed to buyers—unless they take the consent of apartment owners. Justice B R Gavai further held that builders should mandatorily hand over conveyance of the plot to the new housing society within four months of registration.
“If the promoter wants to make additional construction, which is not a part of the layout placed before the flat-taker at the time of agreement, the consent (of the flat owner) would be necessary,” said the judge. Referring to a Supreme Court judgment, the high court said prior consent is not required only when the builder has made full disclosure at the time of signing the agreement about the entire project, including any additional construction. The court restrained the builder, Jayantilal Investments, from constructing a new building on the premises of Madhu Vihar Housing Society in Kandivli (west). The project, completed in 1989, consisted of a building with five wings. In 2001, the developers submitted a plan to the BMC for another building on the plot to utilise the additional Floor Space Index (FSI).
If this judgment is used as a precedent, then it means that the ability of builders to make changes which affects the residents of a housing society is significantly reduced, even if the builder has the permission of the authorizing agency.
Inadequate facilities:Probe ordered against private colonizer
Yogesh Kumar, TNN, Feb 3, 2011
GURGAON: The director general Town and Country Planning ( TCP), department has ordered a probe against the colonizer of Mayfield Gardens and Sheetal Enclave in Gurgaon, for not providing facilities to the residents as per the sanctioned layout plan.
The RWA has been demanding the cancellation of the licence of the colonizer, Sheetal International private limited. Director general (TCP) T C Gupta said: The Gurgaon office of town and country planning has been instructed to investigate the allegations made by the residents about the the fact that several facilities promised to them by the colonizer are unavailable. After completion of the investigation, if the allegations are found to be correct, strict action will be taken against the builder.
The RWA alleged that the colonizer has not provided facilities like road, power, greenbelt and execution of the lay out plan sanctioned by the city authorities. The colony has launched in early nineties and the residents have been living in the plotted areas for the past five to eight years. Tired of the builders inaction, the RWA has demanded the cancellation of the license. The residents alleged that the builder has failed to deliver the promised facilities. The RWA is running from pillar to post against the builder but no one is listening to us. The RWA had staged a demonstration outside the STP office in past too, said RWA president Dhramvir Yadav
The RWA alleged that water supply scheme in the colony is not as per approved plan estimate. The colony has no system for the disposal and treatment of storm water as per sanctioned specification and designs.
The RWA alleged that the sewer system is not connected to HUDA main line. The builder has not constructed roads as per approved layout plan. The roads in some places have not been laid and where laid are not even motorable as there exist huge craters/potholes everywhere, said Yadav.
Read more: Inadequate facilities:Probe ordered against private colonizer – The Times of India http://timesofindia.indiatimes.com/city/gurgaon/Inadequate-facilitiesProbe-ordered-against-private-colonizer/articleshow/7414942.cms#ixzz17QqnAbJK
We have 2 apartments and the delay has been just too frustrating. The penalty clause capped to just upto 6 months delay is unacceptable and cheating. Recourse to law will be a good idea.
I have had this property from 2004, they have been very smart and demanded money as and when they wanted and now when one is prepared for paying the balance moneny neither do they want to pay interest for delay but there is an huge sum demanded for price change. Its really been a painful 6 years with this project and still now sure where it is headed.
It is now coming to our knowledge that the Central Garden (Vista) will have an area of only 6 acres instead of 20 acres. We should immediately write to the builder asking them to confirm that the 20 acre Cenral Garden will be provided as originally promised.
if there are two people in the family and only one is the member of the RWA . The other member cannot attend any meetings ????