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Is mezzanine floor legal if not mentioned in assessment report of MCGM
21-Dec-2023 (In Landlord/Tenant Law)
My room has a mezzanine floor which is 60% of carpet area but the municipal assessment report does not mention this anywhere. It only mentions carpet area excluding the mezzanine floor area.
Is my mezzanine floor illegal because I have claimed that it is there since inception of my tenancy but building plan also shows only 3x3 loft and no mezzanine floor that I have
This is my response to you:
1. Mezzanine floor is not part of the carpet area of the flat;
2. The municipal assessment is correct;
3. Also it was held in the case of: Khodadad Ardeshir Leader And Ors. vs Sundhakar Anantram Shetty
Relevant paragraph No.5:
"..5. We then come to the contention based on the orders of this Court though as to what exactly would be the area, defendant would be entitled to. As noted earlier, there are three areas which were combined together. In so far as mezzanine is concerned, it is a construction in between the floor and the ceiling. The learned Counsel for the defendant contends relying on the publication by Indian Standard Method of Measurement of Plinth, Carpet and Rentable Areas of building, that mezzanine should also be considered to work out the carpet area. Even otherwise, the Indian Standards does not show that mezzanine area is to be considered for plinth area or carpet area. Mezzanine area is only defined."
4. Consult a local lawyer with full facts and then take steps.
1. Mezzanine floor is not part of the carpet area of the flat;
2. The municipal assessment is correct;
3. Also it was held in the case of: Khodadad Ardeshir Leader And Ors. vs Sundhakar Anantram Shetty
Relevant paragraph No.5:
"..5. We then come to the contention based on the orders of this Court though as to what exactly would be the area, defendant would be entitled to. As noted earlier, there are three areas which were combined together. In so far as mezzanine is concerned, it is a construction in between the floor and the ceiling. The learned Counsel for the defendant contends relying on the publication by Indian Standard Method of Measurement of Plinth, Carpet and Rentable Areas of building, that mezzanine should also be considered to work out the carpet area. Even otherwise, the Indian Standards does not show that mezzanine area is to be considered for plinth area or carpet area. Mezzanine area is only defined."
4. Consult a local lawyer with full facts and then take steps.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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