roof rights

[PK]

Should top floor allotees of co-op society flats not be entitled to
roof rights equal to top floor allotees of DDA flats ?

Your opinion please.

[PK]

[REJIMON C K]

Mr. Dutta,

This is very important as I noticed some DDA pockets you may find even flats/room on the roof toops.

Now coming to CGHS..

When one become member of CGHS and allott a flat, the price which one pays for what is the stated Plinth Area, Super Area etc accordingly we pay to society ? For the common areas all members pays equally?

The Land belongs to DDA which on lease and lease with soceity not with individual members.The Rooftop is COMMON AREA and legally it should be for every one as all should have right to common areas. As a matter of fact the ROOF TOP access must be restricted as it pose SERIOUS SECURITY and there were reports of suicide and other problems.

 

There are some societies where even common areas are sold to individual members by mangement themselves by crook means. DDA have strong reservation and can even cancell the lease deed as per an RTI reponse

 

So in my opinin right to rooftop should remain with managment on various reasons.

 

I dont know what the policy/legal status in DDA Pockets, tehcnially and leggally it should be common. However one could find who so ever got top floor start occupying then slowly build a room then a full fledged flats.

 

Rejimon

 

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[Sitaram]

will the ground floor residents be entitiled to the ground adjoining their flats?

 

no, the roof is society property and many societies have their lift motors, water tanks etc kept on the roof

 

giving the  roof rights to the top floor resident would not be correct since it is the common area for all the society members

 

regards

sitaram

---

From: PK <pkd...@indiatimes.com>
To: DWARKA FORUM (Regd) <dwarka-r...@googlegroups.com>
Sent: Mon, June 7, 2010 9:07:44 PM
Subject: [DwarkaForum] roof rights

Should top floor allotees of co-op society flats not be entitled to
roof rights equal to top floor allotees of  DDA flats ?

Your opinion please.

[p. menon]

1. Rules governing DDA flats differ from the rules applicable for Group Housing Societies.  The Rules governign the Societies are drafted by Registrar of Cooperative Societies as well as the Management Committee of Societies.  We have seen that in some societies parking space is priced separately at Rs.1 lac and / or Rs.2lac.  Like that if the roof  rights are given to top floor allottees, the cost of top flats may go up.      2. Giving roof rights to top floor flat may interfere with the common use of water tanks, television antenna, roof top functions, etc.   3. Once roof rights are given, it will be difficult to stop them from constructing additional floor.   - P.Menon --- On Mon, 7/6/10, PK <pkd...@indiatimes.com> wrote:

From: PK <pkd...@indiatimes.com> Subject: [DwarkaForum] roof rights To: "DWARKA FORUM (Regd)" <dwarka-r...@googlegroups.com>

[Mahesh Gupta]

Mr. Rejimon is very right.

 

There is nothing in the allotment letter issued by DDA that top floor flats have the right of the roof. Secondly, SFS flats have also been built on the similar concept as of CGHS by DDA and cost of land and construction cost of the flat along with common area is being calculated accordingly. The same is being charged.

 

The permission given by DDA is for Barsati only but the structure being constructed is known to all.

 

[M Muralidharan]

I think roof rights are common everywhere.  That is why the water tanks are also there.  My layman understanding is that the top floor people illegally occupy roofs causing inconvenience.  All common areas should be commonly and freely accessible to all.

M Muralidharan, 

Sent from my iPhone

[Mahendra Kumar Gupta]

I remember a decision of DHC or SC which says that the roof belongs to all flat owners but the resident of top floor will keep its keys, if locked for security reasons, of its approach which he should give to other owner on demand. Though, probably not mentioned in the decision, In the Societies, the keys may be kept with the Management.   For the use of drying clothes etc roof belongs to all the residents equally. 

[sushil kumar]

I do not know on which ground DDA has permitted in certain cases allowing construction on roof but certainly it is highly objectionable.This is not only giving extra burden on building but causing inconvenience to other occupents also.It has also come to our notice that in some cases DDA permitted initially and then stopped.Probably,discrimination has been the motto of DDA over the years.We should always remember that we are in pro-quake zone.
 
In my view any construction of roof beyond specification at the time drawing shold not be allowed.
 
sushil 
 

---

Date: Tue, 8 Jun 2010 11:45:51 +0530
Subject: Re: [DwarkaForum] roof rights
From: mkgup...@gmail.com
To: dwarka-r...@googlegroups.com

---

Manage your finance and manage money through MSN Money Special Drag n' drop

[Sudha Iyer]

This has been a practice all along. The top floor guys always think that the terrace belongs to them. It has/is happening all over Delhi. See Janak puri and Vikas puri. Whenever DDA sees any construction happening, they do visit the flat and take money and allow. Even the traffic cops visit and they too take money and ignore. MCD guys visit and they too take money and ignore. So this has been the common practice.  DDA does not grant permission ..infact the people who construct rooms on the terrace never approach the DDA for permission.
 
Infact the terrace is common for all. We can check the DDA laws and by-laws for this.  It is very inconvenient for all the rest of the occupants on the 1st and 2nd floor when these kind of illegal construction happens and the terrace is blocked by the top floor owners and these people are not able to use.
 
Regards,
 

---

From: sushi...@hotmail.com
To: dwarka-r...@googlegroups.com
Subject: RE: [DwarkaForum] roof rights
Date: Tue, 8 Jun 2010 07:59:04 +0000

The New Busy is not the old busy. Search, chat and e-mail from your inbox. Get started.

[p. menon]

(1) DDA is giving permission to construct rooms on the roof.  Wherever it is four storey, they allow to construct room on the roof, leaving common space, water tank area, etc.  The owner is to approach DDA, deposit certain fee and get the plan approved.  As Mr.Sushil rightly said, they discontinued it for some time and started again giving approval.  I have in my possession copies of  DDA approved drawings for the construction of additional floor. A number of additional roof top rooms have already come up in Dwarka, with the approval of DDA.   (2) DDA is also considering (a) construction of additional floors for Group housing societies (b) additional rooms where balconies are of double height, ofcourse after verifying the strength of the structure.   In Dwarka construction of additional rooms are already going on in few societies.   -P.Menon 9891024230   --- On Tue, 8/6/10, Sudha Iyer <sudha_...@hotmail.com> wrote:

[Himanshu]

Hi,

 

I might be one of the youngest members to this forum, but this is something which i find really disturbing. The DDA doesn't seem to be bothered about any such developments like encroachments happening in their areas. They simply have appointed the JE's in their areas and do only some formalities and let this go away. Also, as mentioned correctly by a lot of members here, should not be given to the top floor owners as this would only lead to further illegal constructions in the societies. For those who are not present at the top floors have either the water tanks or for many other reasons tend to visit the roof tops, and for solving this purpose need to get a permission from the top floor residents to reach there.

 

Also, would like to throw some light upon the major problem created by the water supplies in sec-1 .Would like to take this to the concerned authorities, if possible please let me know the way forward.

 

With Regards,

Himanshu

[pradeep k. ivon]

Mr Dutta,

the DDA and Co-op Hsg societies go with different rules as is pointed out in below mail. In DDA, a resident directly buys house from the builder i.e DDA and in Society, some members form a society and get land on lease from DDA and rules are formed according to which one can utilize the space such as roof. Some time ago, DDA had given official permission for just one room+toilet to the top floor residents and has withdrawn the same rule now for some strange technical reason which also needs to be probed (unfortunately for me and many others top floor owners who were not quick enough to immediately utilize that chance).

Reason one room only is(was) allowed is to let the remaining area as common space for other owners to inspect /repair the overhead tank etc. But in getting that permission from DDA the consent of other residents is also needed.

Secondly why in DDA the top floor owner generally uses the terrace is due to the fact the 4 floor DDA flats do not have elevators and usually the lower floor owner may not bother to climb all the way up. Whereas in Society with the Lift one can easily go up and may like to sit and relax on terrace.

It appears Mr. Dutta you must be living is some Society, this is an interesting query and first should be asked from your Resident Association which is a very important and powerful association in CGHS. One of our relative  in a society in Vikaspuri and with mutual consent with others and the RWA they have also built one room set on the terrace. rgds/pradeep

[71....@gmail.com]

I fully agree with Sitaram ji on this, CGHS and DDA flats can not be compared. Roof rights can not be given to any member.

rgds/Ajay

-original message-
Subject: Re: [DwarkaForum] roof rights

From: Sitaram <sita...@yahoo.com>
Date: 06-08-2010 8:24 AM

will the ground floor residents be entitiled to the ground adjoining their flats?

no, the roof is society property and many societies have their lift motors, water tanks etc kept on the roof

giving the roof rights to the top floor resident would not be correct since it is the common area for all the society members

regards
sitaram

________________________________
From: PK <pkd...@indiatimes.com>

To: DWARKA FORUM (Regd) <dwarka-r...@googlegroups.com>

Sent: Mon, June 7, 2010 9:07:44 PM
Subject: [DwarkaForum] roof rights

Should top floor allotees of co-op society flats not be entitled to

[pkd...@indiatimes.com]

Thanks, all of you for your considered opinions.

However the views expressed note the following common points :-

1) the roof is a common place

2) everybody has equal right to it

3) apprehensions  towards tragic suicidal tendencies of individuals
4) responsibility factor has also been highlighted

Despite these apprehensions and the precautions thereagainst negativities continue with a newer modus operandi and with regulatory relaxations like permissible increase in FAR the MCs of some societies may find it prudent to construct  additional flats on  such roofs and earn huge profits which is against the very spirit of co-operatives and would additionally strain the existing water resources and aggravate the parking problems.

Your considered opinions please.  

--
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[P.J. THOMAS]

Your annoyance on this matter is well justified. However, one of my
friends who has constructed a room on the roof has given me the
following points in his defence:

1. He has paid the same amount to DDA as the other three floor owners
have paid still he has to climb steps to an additional floor than the
third floor neighbour to reach his flat.
2. He is saving at least 30% more electricity as the usage of A/c and
cooler has been reduced considerably.
3. The common space on the terrace is still there and he is not
tampering with any of the installations.
4. He got the permission to construct the additional room only after
paying some fee to DDA and also after certification by the Executive
Engineer of DDA regarding the strength of the building.
5. The entire cost of construction has been borne by my friend himself
and he has been paying house tax for the additional area as well.
6. He also advised me not to complain if somebody is getting some
additional benefit at nobody's cost.

Thereafter I remain in scilent mode.

On Jun 8, 12:59 pm, sushil kumar <sushilkm...@hotmail.com> wrote:
> I do not know on which ground DDA has permitted in certain cases allowing construction on roof but certainly it is highly objectionable.This is not only giving extra burden on building but causing inconvenience to other occupents also.It has also come to our notice that in some cases DDA permitted initially and then stopped.Probably,discrimination has been the motto of DDA over the years.We should always remember that we are in pro-quake zone.
>
> In my view any construction of roof beyond specification at the time drawing shold not be allowed.
>
> sushil
>

> Date: Tue, 8 Jun 2010 11:45:51 +0530
> Subject: Re: [DwarkaForum] roof rights

> From: mkgupta1...@gmail.com

> To: dwarka-r...@googlegroups.com
>
> I remember a decision of DHC or SC which says that the roof belongs to all flat owners but the resident of top floor will keep its keys, if locked for security reasons, of its approach which he should give to other owner on demand. Though, probably not mentioned in the decision, In the Societies, the keys may be kept with the Management.   For the use of drying clothes etc roof belongs to all the residents equally.  
>
> On Tue, Jun 8, 2010 at 10:13 AM, M Muralidharan <vj...@yahoo.co.in> wrote:
>
> I think roof rights are common everywhere.  That is why the water tanks are also there.  My layman understanding is that the top floor people illegally occupy roofs causing inconvenience.  All common areas should be commonly and freely accessible to all.
>
> M Muralidharan,  
> Sent from my iPhone
>

> On Jun 8, 2010, at 9:59 AM, REJIMON C K <rejimo...@gmail.com> wrote:
>
> Mr. Dutta,
> This is very important as I noticed some DDA pockets you may find even flats/room on the roof toops.
> Now coming to CGHS..
> When one become member of CGHS and allott a flat, the price which one pays for what is the stated Plinth Area, Super Area etc accordingly we pay to society ? For the common areas all members pays equally?
> The Land belongs to DDA which on lease and lease with soceity not with individual members.The Rooftop is COMMON AREA and legally it should be for every one as all should have right to common areas. As a matter of fact the ROOF TOP access must be restricted as it pose SERIOUS SECURITY and there were reports of suicide and other problems.
>
> There are some societies where even common areas are sold to individual members by mangement themselves by crook means. DDA have strong reservation and can even cancell the lease deed as per an RTI reponse
>
> So in my opinin right to rooftop should remain with managment on various reasons.
>
> I dont know what the policy/legal status in DDA Pockets, tehcnially and leggally it should be common. However one could find who so ever got top floor start occupying then slowly build a room then a full fledged flats.
>
> Rejimon
>

> On Mon, Jun 7, 2010 at 9:07 PM, PK <pkda...@indiatimes.com> wrote:
>
> Should top floor allotees of co-op society flats not be entitled to
> roof rights equal to top floor allotees of  DDA flats ?
>
> Your opinion please.
>
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> --
> REJIMON C K.
> Each year 50million trees and 75 billion water is used to create 7  million tonnes of mail, over 40% of which is thrown away unopened. source : National Geographic so the next time you receive paper, think again  before you print. choose to receive emails instead .
>
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[pradeep k. ivon]

see knew it. This thread is now becoming personal. I suggested initially to approach the Society office to see what the rules say in this regard. i am myself a top floor owner in DDA and would like to go by rules if DDA permits. They did give permission and have stopped, i am told.though i have not investigated as to why if it is technical reason then those rooms which are already built must be removed to prevent accident that is how our bureaucracy works! they allow/ ignore encroachments and then suddenly bring the hammer down.

As thomas mentioned all residents pay the same but top floor owner gets lesser area, the balconies become smaller as you go up plus you climb all the way up, plus your heat load is higher thereby electricity bill is more (not less dear mr. thomas) due to higher loading on the AC so the trouble is more not less in a top floor. Anyway before purchasing flat one is free to either buy ground, first, second or top and accordingly one makes the choice. Without the lift, climbing is a torture in old age also, if all this drawback is taken in consideration then provision of one room is a small compensation. I don't see in what way the top floor owner is causing inconvenience to the others when he is totally separate, does no one notice the encroachment the Ground floor owner does all around him, in a nutshell it is a matter of personal thinking.

If one is always dissatisfied with whatever area one gets, he will always look for ways to expand. Although climbing 4 storey is tough but i have even seen some ground floor owners who go all the way up to top to dry their few clothes every other day just to emphasise the point that roof belongs to them also- it is all in the mind.

But rules are rules. In a democracy one must try to either change the rules to one's own liking (what is right or not is for judiciary or God only to decide, all other ways are just we trying to convince others that we are right) or live amicably silently or buy a more bigger self plot house with own terrace or encroach without shame.

that is the truth dear friends. regards/pradeep

 

In brief, i would say it is a matter of personal

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