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.
I agree with what you say, however this consumer complaint section is not going to do anything.
ReplyDeleteThere are two stories or versions to what is happening in DDA Flats in Delhi
MCD Version :
Addition Alteration is alllowed as per the DDA handbook.
Top floor allottees have absolute ownership to the roof terrace (This is BS and an independent opinion not the official version)
One room on roof terrace is permitted adjoining the mumty and wall over wall alignment must be maintained. (BS again)
Existing structure can be regularised by paying the penalty and submitting the right forms,plan duly approved by an architect etc.
FACTS:
1. Roof terraces are common spaces as defined by the MoUD to the parliament when the issue was raised during the Delhi Apartment Owners Bill
2. The DDA handbook allows for addition / alteration for increase in COVERED area, but the process of usurping the space on the roof terraces is an INCREASE IN THE PLINTH AREA of the top floor allottee. THE PLINTH AREA (as recorded in the title/sale/lease/registry deed as thats what one has paid for.) CANNOT BE INCREASED.
3. The documents that MCD accepts for regularisation and increase in covered area must have the copy of the ownership/title/registry/lease deed where the plinth area and the owner of the plinth area is recorded. Therefore the top floor allotttee cannot put his name on the BLUE PRINTS or PLAN submitted for the additional room to the MCD as the title deed does not show his name as the owner of the roof terrace.
4. MCD is to scrutinise the ownership of the floor / plinth where additional coverage is sought for. WHICH IT DOES NOT. Once the MCD stamps the PLAN with the top floor owners name on it, it has broken rules and violated laws to favour a specific resident. The resident (top floor) uses it to stake claim on the terrace and then suo moto prevents other residents to access the roof by using force, privacy women etc etc.
5. The Architect approving the plan only verifies the design and structure to be made and not the ownership of the roof terrace. The structural engineer who has to provide a certificate is generally a bogus person whom you cannot trace or take to task. Council of Arch and similar institution for Engineers does not have a readily accessible database on the web for public viewing and verification.
6. The money that is deposited to the MCD @ Rs 450/sqmtr is for the increase in the covered area as a development fee for the additional load on utilities such as water sewage etc AND NOT THE COST OF LAND. Land in delhi in DDA flats is close to Rs 2000 to Rs 3000 per sqft moreover a particular resident cannot be favoured in a vertical stack to build a room.
7. The bye laws have changed to allow a room on the roof terrace , then the bye laws were amended to take up the building height to 15 mtrs, once more such amendments are made the top floor owner who pays the least for the flat usurps the roof and double his covered area much to the amusement and silent spectators of the other residents in the same vertical stack.
Laslty these facts need to be spelt out to all residents in the DDA colony as most are unaware and permit such constructions. The roof is equal property of all residents in the DDA Colony.
The interpretation of the ADDITION ALTERATION IN DDA FLATS need to be read in a sequence and not just one para out of the whole. IF you need help in understanding and explaining that to others feel free to contact me.
my email is parminder.marwaha@gmail.com
If you need help contact me.
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