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Can illegal construction done by builder affect society members
18-Mar-2023 (In Civil Law)
In a case of redevelopment of society, if the builder has violated FSI and constructed additional floors, can the original members of the society be deprived of entering their homes (they have no knowledge of it) and the builder is now bankrupt and absconding
Original member as well as the society can not say that they were not aware of illegal construction as the developer has to keep and inform the society of the sanction plan any addition of floor to sanction plan could have been prevented by injunction by society .
But due to connivance of scty office bearers they kept quit and allowed builder now this act of illegal construction is by society as builder has been acting on behalf of society hence builder being bankcrupt or absconding after selling of the flats including illegal floor is no excuse .they have to suffer for it.
But due to connivance of scty office bearers they kept quit and allowed builder now this act of illegal construction is by society as builder has been acting on behalf of society hence builder being bankcrupt or absconding after selling of the flats including illegal floor is no excuse .they have to suffer for it.
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Adv. Amresh Sharma
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