Losing area in redevelopment
Sir, our chs bldg is under redevelopment. T he atual physical carpet area of my flat is 440 sq ft. as provided by the builder at that time. T he municipal plan shows it as 423 sq ft. The society is considering my flat area as 383 sq ft only for redevelopment purpose. They states that only area as mentioned in plan minus balcony area will be considered. 423sq ft minus 40 sq ft. Thus I am loosing 17 sq ft which I have been in possession since my purchase in 1983 from builder. Pleas e advise how to protect my area of 17 sq ft on the plea it is not mentioned in plan. However society is considering terrace of terrace flat owners as they claim that we have paid for these terrace to builder at that time . However terrace is no where mentioned in plan. T his amounts to discrimination amongst members. Please advice how to protect my area of 17 sq ft. Regards
Are you only member whose flat is having balcony?. You have forgotten to mention terms of offer letter by developer . you have also forgotten to inform what other members are losing. Upon full information provided by you an advocate on this platform will give you proper advice.
Here you have been denied of your right to claim your own property. You can file a suit under Section 34 of Specific Relief Act. The section says that any person who is deprived of its legal character or right to its own property can file a suit against the person who is denying you of any such right or may do so in the future. There must be some present danger to your interest. The court may at its discretion declare you to be entitled to that property and you don’t need to ask any further relief.
You have been deprived of 17 sq. feet of the area which you own and there seems no intention of the builders to provide you the whole area. Moreover, they included the terrace which was never mentioned in the plan; it clearly indicates that builders are not willing to provide you 440 sq. ft. Hence you can file suit under this section for “Declaratory Suit”, where Court will declare that you are entitled to the whole of the property i.e. 440 sq. feet. You will get whole 440 sq. ft. instead of 423 sq. feet just because it is not mentioned in the plan.
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