EGV Issue - Reduction of percentage of Common areadue to additional Construction
Mohit Chattopadhyay
Dear Mr Puri / Nagpal
This is with reference to your mail dated 17th August 2017 ( Copy Enclosed )
First of all I wish to thank you for your mail as it has been addressed few doubts created in the mind of the flat owners.
However there are few points, I wish to state :
1. The mail has been received from EGV Maintenance ( mail id : egvmain...@gmail.com ) when it is nothing related to EGV maintenance but related with “highly objectionable and defamatory communication”, Electricity issue etc. I would prefer if the esteemed builder like you communicate directly to the owners instead of involving unrelated third party like maintenance.
2. Secondly it has been addressed to all Owners but in the copy no mentioned of the mail id, so I was forced to mark copy to all owners whose mail id are available with me. It will be better if you put the mail id of all the receipting people in the CC so everyone is aware who else are getting the mails.
3. Now coming to actual communication
Dr Chakraborty had raised three objections which has been agreed by a sizable number of the flat owners
1. The amendment to the approved plan has been made without the consent of the apartment owners which is against the law of the land. The modified lay out will compromise the original plan based on which the EGVAAO was formed, and all 650+ owners had purchased our flats. This is rightfully our land, how can the transferee builder sell the common land already sold to us??? This will directly affect our right, title and interest in the purchased property. Thus modification is illegal and not acceptable.
2. The construction will obstruct Sunlight AND natural Air. The common area has already been sold to flat owners, and by modifying the layout our interest in the common area will be reduced.
3. As per section 5 of West Bengal association of apartment’s owners Act the amendment in common area cannot be done without consent of all owners, as the said amendment will restrict the common area/landscape/natural Air/Sunlight as mentioned above.
Regarding the other points raised by you like “highly objectionable and defamatory communication”, atrocious language, your received phone calls from other owners in support of your activities, condemnation of Dr Chakraborty and so on are your internal matter and of no concern of me.
I believe all the issues can be solved across the tables if people are open, truthful and willing to solve the issues. I suggest that you reply the above three points raised by Dr Chakraborty to remove doubts raised in the mind of the flat owners. Let me be frank that I am concerned if the allegations are true, so your communication will clear a lots of doubts which are actually raised.
I wish to state the provision of Clause 5(2) of West Bengal Act XVI of 1972 ( THE WEST BENGAL APARTMENT OWNERSHLP ACT, 1972. ) which says
“The percentage of the undivided interest of each apartment owner in the common areas and facilities as expressed in the Declaration shall not be altered without the written consent of all the apartment owners. Addition or alteration, if any, is to be expressed subsequently in an amended Declaration duly executed and registered as provided in this Act. The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains, and shall be deemed to be conveyed or encumbered with the apartment even though such interest is not expressly mentioned in the conveyance or other instrument.”
* Highlighting are mine
I have extended my full cooperation to you and the facility management and all CAM and electricity bills have been paid in time and without any reminder, so no question of non cooperation from my side. I will not expect any interruption of services or any degradation of Common Area Facility to me as it will have legal implication.
I will expect a clear reply from you on the three points raised by Dr Chakraborty.
With Regards
Mohit Chattopadhyay
Flat No – 2802 ; Unit 4