lllegal buildings: Court places onus on buyers

If the structure housing your flat is declared illegal, you will have to drag the developer to court instead of expecting the courts to regularise the construction, reports HT Correspondent.

If the structure housing your flat is declared illegal, you will have to drag the developer to court instead of expecting the courts to regularise the construction.

HT Image

The Bombay High Court’s recent judgement upholding the municipal corporation’s order to demolish 17 illegal floors of a Kandivli building, has said a flat buyer who has been cheated can take legal action against the developer. The judgement says regularising illegal structures will only encourage vested interests.

“There are civil and penal laws available to them [flat buyers] for redressal of their individual grievances,” the judgement said.

Sudhir Khandwala, owner of two flats on the tenth floor of 24-storey Gaurav Gagan building in Kandivli, approached the court after the Brihanmumbai Municipal Corporation (BMC) had asked the developer--M/s. Ravi Real Estate Developers Private Limited--to demolish floors 8 to 24. The BMC had sanctioned only seven floors apart from the stilt.

The court refused to regularise the structure. “If by imposition of fine and charging of compounding fees, large scale unauthorized constructions are regularized then that would encourage builders and developers...to violate laws openly.”

Advocate M.M. Vashi said aggrieved flat owners may initiate proceedings against the developer under the Maharashtra Ownership of Flats Act. “Before purchasing a flat, the buyer must check the details like the sanctioned layout plan given by the BMC with the Title Certificate from a lawyer,” said Vashi.

Activist Shreedhar Sharma, who heads Revathy Foundation — an organisation that handles realty-related complaints — said, “It is imperative to have a housing regulatory body to check errant builders.”

Property lawyer Vinod Sampat said, “Some stern steps like blacklisting or penalizing such builders should take place.” The HC has also said buyers should be careful. “…if they [buyers] purchase flats without bothering to make inquiries and seeking details of the construction at site then they are themselves to blame.”

Developers also put the onus on buyers. “Always buy flats from reputed builders and insist on sanctioned plans,” said Sunil Mantri managing director, Sunil Mantri Realty Limited. “The BMC has every right to demolish illegal structures.”

The BMC has not received the order. Ashok Shintre, chief engineer (development plan department) said, “Developers should act responsibility. If there are violations, we will take action against the developer.”

Pradeep Thorat, Khandwala’s advocate, said the petitioner would decide on appealing against the judgment after studying it.