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What to do if the builder is forcefully constructing a floor


25-May-2023 (In Property Law)
I am owner of residential building which have approved sanctioned plan for G+4 flour. Initially builder constructed two pent houses on terrace but due to pressure from owners they are converting into club house, gym. From RTI I came to know there is no approval for any construction on terrace. I have objection to these amenities coming on top of my flat. May I know legal step to stop builder.
Answers (4)

Answer #1
987 votes
you need to approach concerned jurisdiction authority for objection i.e at bbmp or bda .or you can directly approach the civil court and get a stay for further construction.instead of approaching the concerned authority better go for civil court so that you can get a relief in the form of temporary injunction .
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Answer #2
734 votes
You can issue legal notice to the builder through advocate and even complaint to the BBMP as you have mentioned he has not taken the approval for his construction. Contact us to do the needful. You can also get the stay order from the court to stop the construction on priority basis.
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Answer #3
852 votes
Sir,
You can take legal action against the Builder if you have a right(share or part of Share ) over the terrace area along with the Builder. Please go through the Joint Venture Agreement and confirm that you have right over the terrace. If you have you can take legal action against the builder.
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Answer #4
682 votes
Understood the things. Your feeling is good. It is not legal one in law. There should be approval for construction. The builder is carrying by his cost. You told that penthouses converted to gym. It is not selling part in the building. If any objection arise, then has to remove. Whether, is possible to take permission, enquire with engineer or concern depatment.
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