Gist of the case is as below :-
- Complaint of an unauthorized, illegal construction by the Top-Floor Owner in DDA flats, on the terrace was made in the year 1998-99.
- This flat was booked under DMC Act of the MCD but no action was taken.
- In subsequent years, 5 more top-floor owners followed the wrong practice and complaint against them was also made.
- After repeated complaints to the DDA/MCD alongwith other Govt. Authorities, 3 more flats were booked under DMC Act of the MCD in the year 2005.
- After a no. of requests filed under RTI Act'2005, by the aggrieved residents of the lower-floors, MCD tried to mislead in their replies but had to issue notices to 3 of the defaulters.
- However, the records of the 1st defaulter (booked in 1998-99) were reported not available, due to the well-known corrupt practices prevailing in the MCD-system.
- MCD had to resort to an act of eye-wash by undertaking part-demolition on only 3 defaulters, in the later-part of the year 2008.
- Observing the maligned intentions and delaying tactics while also not disclosing the correct information, 1st Appeal was filed with the Dy. Commissioner, MCD but without any positive outcome.
- The complaint filed with the Hon. 2nd Apeallate Authority at Central Information Commission resulted into pleasant, positive outcomes. CIC allowed the appeal and observing MCD defaulting on the matter issued a "SHOW-CAUSE NOTICE" on the Public Information Officer of MCD-West Zone.
- Above made MCD to swing into action after a long-delay of a few years.
The oploaded images of variuos important information managed from...
- MCD, after a long-struggle,
- subsequently from DDA but promptly, as well as,
....the Observations/Show-cause Notice issued by Hon. Shri Shailesh Gandhi, the 2nd Appeallate Authority at Central Information Commission - speak for themselves and the complete case is an enlightening live-reference for all those who are victimized by their Top-Floor selfish neighbours and the inactive/corrupt Govt. Machinary.
Various other supporting documents, viz., Building Bye-laws published by MCD & DDA, The fundamental "Delhi Apartment Ownership Act' 1986 & even the revised Delhi Apartment Ownership Act'2001 - the latest DOGRA COMMITEE REPORT' 2007 on such matters and several Question-Answer sessions in the Parliament....all state the fact as follows :-
A barsati on the roof terrace of the top floor in addition to mumty is allowed - with sloping roofs upto 9’ height with light weight material e.g. fibre glass / AC sheets / GI sheets with pipes and standard angle iron section etc. and enclosing with glazing. This will be subject to the provision of access to the residents of the block for maintenance of water tank, plumbing system,fixing of TV/Cable antennas etc.
All the addition/alteration(s) and additional coverage will be governed by 5 basic principals:
1). There is no encroachment on the public land.
2). Structural stability of the building is ensured.
3). Light and ventilation of the habitable rooms is ensured as per the building byelaws.
4). There is no infringement of other's rights.
5). The service elements such as manhole, rainwater fittings, sanitary fittings etc. are not disturbed and remain exposed for periodical inspection and maintenance.
