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Royal Builders Pvt Ltd — illegal construction of 04 shops and 01 residential flat

Date : 17.02.2018
To

Dr puneet kumar goyal
The commissioner
South delhi municipal corporation
Dr. S. P. M. Civic centre, minto road,
New delhi, delhi 110002

Subject : request for removal/demolishing/sealing of illegal construction of 04 shops and 01 residential flat illegitimately constructed in the common stilt parking area at residential building located at plot no.82, khasra no.16/5/2,
Gali no-6, sukhi ram park, behind kiran garden, uttam nagar, new delhi-110059

Sir,

1. We are the residents of a 12 residential apartments at building named anmol tower, located at plot no.82, khasra no.16/5/2 at gali no-6, sukhi ram park, behind kiran garden, uttam nagar, new delhi-110059.

2. These flats were brought from three builders and developers who jointly constructed the building. The details of these builders are

(I) shri satya narain aggarwal, r/o 2546, onkar nagar, tri nagar, delhi-110035.
(Ii) (Ii) shri gulshan dhingra, r/o b-1/3, mian wali nagar, delhi-110087
(Iii) (Iii) shri amit gupta, r/o c-107, antriksh apartment, sector-14, rohini, delhi-110085.

3. At the time of selling the flats, we were made aware of the lay out plans and other details which represented a vacant stilt space at ground floor earmarked for common parking with capacity to park minimum 12 cars (Each for one flat owner) however to our surprise, at the time of possession the common parking space was reduced to 8 and an illegal construction of 4 shops and a residential flat was done by raising walls in stilt parking. We objected to cush illegal construction to which the builders ensure that they would be removed and the space would be reconverted to the common stilt parking area.

4. Several reminders were made through meeting and calls from our side to the developers for removal of shops and flat from common stilt parking however there was no satisfactory response from them. Later, to our surprise, these illegal shops and residential flat at the common stilt parking were maliciously sold by builders to some individuals without our knowledge and we came to know about this only when these shops were opened for business.

5. 3 illegal shops are now running out of the common stilt parking space (2 property dealers, 1 tent house) located in the narrow street which was only for residential use. Also the locality has become too congested due to illegal parking of outside people as a result the actual residents of building are deprived o[censored]sing common stilt parking space. Not only this, the shops running as property dealers office have become home to the eccentric people who gather, drink liquor and make noise and pass abusive comments which is not only a threat to law and order of the area but also possess serious security issues for the women of the building.

6. As per the judgements of the hon’ble supreme court of india, it has been directed that parking spaces in residential apartments cannot be sold by the builder. They are a part of the common areas and the cost of that land has to be charged to all the flat-owners in proportion to their carpet area.
The extracts of one such judgement in the matter (Nahalchand laloochand p. Ltd. Vs panchali co-operative housing society ltd. – jt 2010 (9) sc 414: 2010 air scw 5549) are as follows :-
“in para. 34 of the aforesaid judgement the hon’ble supreme court held that: “34. We have now come to the last question namely– what are the rights of a promoter vis-a-vis society (Of flat purchasers) in respect of stilt parking space/s. It was argued that the right of the promoter to dispose of the stilt parking space is a matter falling within the domain of the promoter’s contractual, legal and fundamental right and such right is not affected. This argument is founded on the premise, firstly, that stilt parking space is a `flat’ by itself within the meaning of section 2 (A-1) and in the alternative that it is not part of `common areas’. But we have already held that `stilt parking space’ is not covered by the term `garage’ much less a `flat’ and that it is part of `common areas’. As a necessary corollary to the answers given by us to question nos. (I) to (Iii), it must be held that stilt parking space/s being part of `common areas’ of the building developed by the promoter, the only right that the promoter has, is to charge the cost thereof in proportion to the carpet area of the flat from each flat purchaser. Such stilt parking space being neither `flat’ under section 2 (A-1) nor `garage’ within the meaning of that provision is not sellable at all.”
7. It is requested to kindly delegate one official from your department who would cross check the existence of these shops in the layout plan submitted to mcd for approval of construction. We are sure that common stilt space has been shown as a parking in the original plan however has been illegally converted to the shops and flat after the construction of the building.

8. We request you to kindly take cognizance of the matter and pass instructions for demolishing / sealing of the illegal shops and the residential flat illegitimately constructed in the common stilt parking space earmarked for the car parking of the residents of the building at plot no.82, khasra no.16/5/2 at kiran garden, (Sukhi ram park), uttam nagar, new delhi-110059. We hope our request as a genuine buyers will be heard and acted upon at the earliest.
Thanking you
Yours sincerely,

Flat owner
Plot no.82, khasra no.16/5/2,
Gali no-6, sukhi ram park,
Behind kiran garden
Uttam nagar, new delhi-110059

Copy to :-
1. Smt. Kamaljeet sehrawat, hon’ble mayor, south delhi municipal corporation, dr. S. P. M. Civic centre, minto road, new delhi, delhi 110002
2. The chief town planner, town planning department, south delhi municipal corporation, dr. S. P. M. Civic centre, minto road, new delhi, delhi 110002
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    New Delhi
    Delhi
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