Illegal constructions in Society and how to get approved balcony extensions

[Krishna M Singh]

Hi

I am resident of Sector-4 Society which over years have got all hues and colors of illegal balcony extension by may be 25% of residents triggered by none other than Management President in 2006 timeframe. Over years few people starting doing extension each year. Now we have all sort of designs across soceity :).

We were discussing of solutions and would like to share to ask what is best solution in these conditions

a) Approach DDA/RCS and get demolition. Our Management committee says DDA/RCS are useless and no response for their letter. We have to approach court to get it demolished and its costly and people who have done illegal construction won't ofcourse pay legal so its sort of catch22 situation.

b) Get approval from DDA to extend every flat 125ft at society level. This involves consensus and as democratic society few people are averse to any extension as they either don't need or not much scope of extension in their flat due to orientation etc.

There was vote in society where some 35 people requested extension where 20 asked for demolition of extensions till now. so at end, it hung up again.

With earthquakes, its dangerous to live in such environment.

Can anyone please suggest what can be best way to move ahead.

a) Can few dozen people out of 125 flats go for DDA approval for extension for their flats as no consensus for everyone.

 i.e. get approval and extend balconies by some amount for selected people only who want to get that done.

Is FAR increase going to help..

thanks for going through the long mail. I hope illegal extensions are common across almost all soceity in form of balconies extensions and thus others also would have thoughts on this.

thanks

Krishna

[REJIMON C K]

In a cooperative we have to go by what Majority.

It is important building keep it aesthetic look, structural safety for earth quake etc.

Since the FAR is available go for that would be the ideal solutin

As the demolishing will only further divide and consequences  of damage. Then there is no gurantee these will not RE-APPEAR.

While if the FAR is increased its WIN for WIN for all in my opinion.  But all need to be take what is the scalability of project, where is the space is available to build additional room or existing balcony to be strengthened etc..

These days even with pre fabricated modular materials and use of less Bricks the time required will be less ? Some may have idea on these ?

I am sure there are -ve side also..

REJIMON C K.

Sent over wireless Network ... 

https://twitter.com/rejimonck

http://www.facebook.com/#!/pages/RejimonCK/180529618720807

 

 

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[Krishna M Singh]

Hi
There were long disucssions.
a) People who don't want any extension were of view that Society can't do anything which is not in rule book. Extensions is not in rule books and so even if 1 resident don't agree for any extension, society can't force on him.

b) People who have done illegal extension again are mix up as approved extension will invovle breaking of their own and constructing as per approved plan.

c) Majority may be 60% of people want extension but a) and b) kind of people block them to go for approval etc.

In such cases doesn't 50% view is considered majority and based in it society can go for approval of the plan to extend balcony for whole society. Do Society MC needs to take approval of each and every person in these matters which is surely impossible these days.

What can be legal aspects. Can any of the people who don't agree with approved extension block. Can they refuse to pay extension cost?

thanks
Krishna

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[P K Taneja]

There is High Court Delhi judgement of 2015 that society /MC cannot compel any member to opt extension.

---

From: Krishna M Singh
Sent: ‎28-‎09-‎2016 21:34
To: DWARKA FORUM (Regd)
Subject: Re: [Dwarka Forum-] Illegal constructions in Society and how to getapproved balcony extensions

[Tarun Yadav]

Sir,

I am following diligently all the posts in the forum. It is very informative and action oriented. Mainly the advises by Sh. Rejimon ji & Sh. Sanjeev Goyal are very helpful.

Sir, in relation to the present discussion on illegal construction in CGHS, please guide on

1. the importance of having Completion Certificate?
2. Is it necessary to have Completion Certificate for availing FAR declared by DDA?

3. In one of the Societies, I came to know that they do not have CC but they have done illegal construction like extensions in flats, building Mandir in Society etc.. - What are the various implications of these irregularities?

Thanks

Tarun

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[Krishna M Singh]

Dear Sir

Do you have any details of this judgement?

thanks

Krishna

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[Krishna M Singh]

Dear Sir

My question should have been

a) If Society wants extension and say 10 people don't want extension. Can society do extension for rest 100 people and exclude those 10 people selectively as they don't want it and pay for it. Rest 100 people will pay for it and get their extended.

b) Can those 10 people now goto Court to stop it for everyone citing their light etc will get reduce or any other reason.

thanks

On Thu, Sep 29, 2016 at 4:37 PM, P K Taneja <pkta...@gmail.com> wrote:

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[Rama N]

Reji,

Interesting subject !! I was following the conversions. There is a sudden spurt of social orders post Urban Ministry's notification on FAR on August 11, 2016. In one sentence it is pure "greed". But it is sold as a package. Families growing, children getting married, parents need space - all will be provided in Rs 5 lakhs (and flat value will increase by Rs. 50 lakhs !!). In public space, it can be called PONZI SCHEME !! It is one line addition in Master Plan 2021 - till such time DDA or someone come out with the clear guidelines on how to use the FAR, this proposal will end up like the CBI case - existing transferable flats will become "dead assets"

On the question of Completion Certificate, it's the most essential & mandatory document for any constructed piece which is in occupation. Olden dates, with two FORMS given by DDA, your life continues. You were allowed to transfer through Agreement to Sell/ POA etc. but today one can transfer only through a Sale Deed. For conversion of flat to Freehold, Completion Certification is an essential document. 

Krishna ji, the 2015 judgement quoted by Taneja ji is attached for your reading... 

Majority cannot be 50.05% - this is not fixing maintenance charges or hiring security agency. 

Rama

[Krishna M Singh]

I tried to understand it. It appears court said majority decision is valid. Also people who dont pay for extensions cant enjoy it too.
So it appears if 100 members agree for extension they can get it done after approval from dda even if say 25 members oppose it?
Am i missing something?

Krishna

[REJIMON C K]

Yes,
In a cooperative we need to COOPERATE .

There can be many interpretations..

In the said case it s clear its EGO Clash of Past and Present MC nothing else.

Any project or Programme will move only if all or majority take

Rama

I am learned DDA is making relevant guidelines in this matter.

[G.K. SETHI]

Dear Friends

I think Rama has not read out order which posted in our blog. His mail is a complete contradiction to Court's orders. 

This is not the greed, as branded, it is completely NEED, ppl who become members 20-30 years back booked their flat according to their need at that time, over a period of time family grew, kids married got their own kids, need more space, what is the option with old parents, either go for a bigger flat after disposing the present one and spend 50 lacs more for additional one bedroom or spend 5 lac and add one bedroom to the present one. 

Yes, I agree with Krishna, there is a difference between legal and illegal, Krishna started this thread about illegal extensions and Rama has mixed it with our legal rights provided by GOI through Master Plan of Delhi 2021. 

The referred court case is to curtail our specified and available legal rights by a group of egotistical and dissatisfied ppl who fail to get through in MC, had they won the elections, things would have been on the right and other side. Sensing the motive, Hon'ble Judge not only dismissed their petition but also imposed Rs 5000/- cost to each petitioners. And made a remarkable judgement that those who don't want to pay, will not be allowed to enjoy the benefit of extension. Bravo.

Before commenting on majority, one should go through RCS Act and Rules.

The present MPD 2021 which was supposed to be out in 2001, came in 2007, why, bcoz GoI appointed so many consultants, national and international, talked to every stakeholders, NGOs, after 6-7 years of deliberation MPD launched. Fortunately or unfortunately I was the part of some stakeholders groups on various matter, so I know how difficult it was for the Govt/MoUD to bring all the development matters to one common and acceptable platform.

Sorry if any of my views and words have offended anybody, bcoz extension was the fight started by me and Reji u know, you and me are fighting for the last 4-5 years. One shouldn't be judgmental without knowing all the facts and figures.

Warmest Regards.

G K Sethi

[Krishna M Singh]

Hello Sir
Still not clear how we say majority

A. 100% residemts have to agree for any extension by MC.

B. Or 51%+ is good enough to do atleast for people who want it and charged to only those who want.

C. Can 1 resident who dont want extension stall complete work just bcoz its not in original society plan and thus u cant force him. Cant he be just skipped and not charged and extension done for others.

Thanks

[Rama N]

Reji, 

DDA will have to formulate guideline/ scheme with inputs/ suggestions/ queries from other agencies like MCD, DJB, Electricity companies & government of delhi & its various departments..

Public easily get lured into it - the very existence of fraudsters is "willing janta"..  If you recollect, this issue was flagged with LG when all the federations etc. pressured LG to consider existing societies for FAR increase and they reluctantly said YES but the most important point they kept as a condition is : separate tower and only in "empty/ vacant space".. The catch is here. What's your completion certificate drawing say about this space - set back, green, shaft ? 

Too complicated and without complete clarity public shouldn't get lured by this vague amendment to MPD.. 

Krishna ji, this judgement as reji said, is specific to a case. 

Before jumping into this with excitement, one should patiently wait for clarity

Rama

[Ramandeep Mann]

So.....Extensions vetted by Court are good....and Extensions not vetted by Court are Illegal !!!! Quite a Paradox.....

[asok...@yahoo.co.in]

Absolutely correct Mr Rejimon. All or none. No way to go ahead in part. If a member does not agree no construction can take place above. There will be cases when people say I do not require so I do not pay. You construct if you want (give it free to me).

Ashok

Sent from my iPad

[Krishna M Singh]

So u are saying 1 member can stop everyhing as apart from maintenamvr everything is extra.

[Krishna M Singh]

Is anyone aware of how to report for such illegal extensions. Issue is

a) People who have done illegal extensions don't want to streamline it since it would require changes to their existing consutrction.

b) If people again follow this model, all flats will have illegal extensions which will be much more detrimental to the super structure of building and its safety.

So

a) Everyone must converge to single approve design. For that to happen, what is the best way to make people discuss it.

Will RTI on DDA/RCS help in such matters else people just hush matters with same chalta hai attitude.

I assume RTI on dda can be done online too?.

Anyone has any experience with DDA in such matters.?

thanks

On Fri, Sep 30, 2016 at 9:28 PM, Krishna M Singh <kms...@gmail.com> wrote:

So u are saying 1 member can stop everyhing as apart from maintenamvr everything is extra.